Herron v HarperCollins Publishers Australia Pty Ltd [2018] FCA 1495

Herron v HarperCollins Publishers Australia Pty Ltd [2018] FCA 1495

The proceedings should not be summarily dismissed as an abuse of process. There is no relevant conduct by applicants that makes the proceedings oppressive or unfair to respondents following their 2016 publication. The respondents’ inability to prove truth does not make the proceedings an abuse of process. There are triable issues and proportionality is not so lacking as to warrant dismissal.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Interlocutory Application (application for Summary Dismissal) / Decision on Interlocutory Application
Outcome
Interlocutory application for summary dismissal dismissed
Legal Topics
['abuse of Process' 'summary Dismissal' 'defamation' 'disproportionate Use of Resources']
['practice and Procedure' 'defamation'] ['abuse of Process' 'summary Dismissal' 'defamation' 'disproportionate Use of Resources']

Case Brief

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Procedural Posture

Interlocutory Application (application for Summary Dismissal) / Decision on Interlocutory Application

Legal Issues

  1. 1 ['Whether proceedings should be summarily dismissed as an abuse of process' 'Whether commencement and maintenance of the proceedings would involve unfairness and oppression to the respondents' "Whether the Court's and respondent's resources would be used disproportionate to the interests at stake"]

Ratio Decidendi

The proceedings should not be summarily dismissed as an abuse of process. There is no relevant conduct by applicants that makes the proceedings oppressive or unfair to respondents following their 2016 publication. The respondents’ inability to prove truth does not make the proceedings an abuse of process. There are triable issues and proportionality is not so lacking as to warrant dismissal.

Court Disposition

Interlocutory application for summary dismissal dismissed

Orders

  • ['The interlocutory application filed 4 July 2018 be dismissed.' "The respondents pay the applicant's costs of the interlocutory application as agreed or taxed."]