Murdoch v Hadley [2011] NSWLC 11

Murdoch v Hadley [2011] NSWLC 11

The broadcasts, even if disparaging and repeated, were non-threatening attacks on reputation and were matters for defamation rather than intimidation by harassment under the Crimes (Domestic and Personal Violence) Act 2007. There was no evidence of stalking by Mr Hadley, and the alleged threatening telephone calls were rejected because the telephone records and credibility findings showed they did not occur. Accordingly there was no evidence reasonably capable of satisfying the court that an apprehended personal violence order should be made.

Jurisdiction
Australia
Judgment Date
25 February 2011
Procedural Posture
Application for Apprehended Personal Violence Order / Final Judgment After Hearing and No Case to Answer Submissions
Outcome
The application is dismissed.
Legal Topics
['apprehended Personal Violence Order' 'harassment' 'intimidation' 'stalking' 'no Case to Answer' 'credibility of Witnesses' 'interaction Between Apprehended Violence Order Legislation and Defamation Law']
['apprehended Violence Orders' 'civil Procedure' 'defamation'] ['apprehended Personal Violence Order' 'harassment' 'intimidation' 'stalking' 'no Case to Answer' 'credibility of Witnesses' 'interaction Between Apprehended Violence Order Legislation and Defamation Law']

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Procedural Posture

Application for Apprehended Personal Violence Order / Final Judgment After Hearing and No Case to Answer Submissions

Legal Issues

  1. 1 ["Whether Mr Hadley's radio broadcasts about Mr Murdoch could amount to intimidation by harassment under the Crimes (Domestic and Personal Violence) Act 2007." 'Whether the alleged telephone calls were made by Mr Hadley and amounted to intimidation or harassment.' 'Whether there was evidence of stalking by Mr Hadley within the meaning of the Act.' "Whether, taking the plaintiff's case at its highest, there was a case to answer."]

Ratio Decidendi

The broadcasts, even if disparaging and repeated, were non-threatening attacks on reputation and were matters for defamation rather than intimidation by harassment under the Crimes (Domestic and Personal Violence) Act 2007. There was no evidence of stalking by Mr Hadley, and the alleged threatening telephone calls were rejected because the telephone records and credibility findings showed they did not occur. Accordingly there was no evidence reasonably capable of satisfying the court that an apprehended personal violence order should be made.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.' 'The parties will be heard as to costs.']