Peter P v Clarence C (No. 2) [2020] NSWDC 465

Peter P v Clarence C (No. 2) [2020] NSWDC 465

The defendant did not prove, to the high degree of certainty required for summary dismissal, that the plaintiff's defamation proceedings were commenced or continued for an abusive collateral purpose. The settlement emails, read in context, were insufficient to establish abuse of process, particularly where the defendant proposed including the defamation claim in an overall settlement and disputed issues of purpose and credit were trial issues. The proportionality challenge also failed because the alleged defamations were serious, there was evidence of wider community publication, and the defendant did not establish any relevant foreign-law or costs basis for dismissal.

Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Civil Defamation Proceedings / Defendant's Notice of Motion for Summary Dismissal as an Abuse of Process And/or Pursuant to Principles of Proportionality
Outcome
Application for summary dismissal refused; defendant's Notice of Motion dismissed; costs reserved.
Legal Topics
['summary Dismissal' 'abuse of Process' 'proportionality' 'settlement Negotiations' 'publication' 'foreign Law']
['tort' 'defamation' 'civil Procedure'] ['summary Dismissal' 'abuse of Process' 'proportionality' 'settlement Negotiations' 'publication' 'foreign Law']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Defendant's Notice of Motion for Summary Dismissal as an Abuse of Process And/or Pursuant to Principles of Proportionality

Legal Issues

  1. 1 ['Whether the defamation claim should be dismissed as an abuse of process.' 'Whether the defamation claim should be summarily dismissed pursuant to principles of proportionality in Bleyer v Google Inc.' "Whether the plaintiff's settlement communications showed that the proceedings were commenced or continued for an improper collateral purpose." 'Whether the extent of publication and issues concerning enforceability of any judgment in a foreign jurisdiction justified summary dismissal.']

Ratio Decidendi

The defendant did not prove, to the high degree of certainty required for summary dismissal, that the plaintiff's defamation proceedings were commenced or continued for an abusive collateral purpose. The settlement emails, read in context, were insufficient to establish abuse of process, particularly where the defendant proposed including the defamation claim in an overall settlement and disputed issues of purpose and credit were trial issues. The proportionality challenge also failed because the alleged defamations were serious, there was evidence of wider community publication, and the defendant did not establish any relevant foreign-law or costs basis for dismissal.

Court Disposition

Application for summary dismissal refused; defendant's Notice of Motion dismissed; costs reserved.

Orders

  • ["Defendant's Notice of Motion dismissed." 'Costs reserved with liberty to apply.' 'The parties are to bring in Short Minutes of Order containing a timetable for any remaining interlocutory steps prior to the allocation of a hearing date.']