Sleeman v Tuloch Pty Ltd t/as Palms on Oxford (No 3) [2013] NSWDC 92

Sleeman v Tuloch Pty Ltd t/as Palms on Oxford (No 3) [2013] NSWDC 92

The plaintiff failed to discharge the burden of proof that the defamatory matter was published as alleged. Even if publication were established, the defendants were not vicariously liable for the security guard's statements, as the guard was not their employee or agent under established Australian law. The defences of qualified privilege (common law and statutory), triviality, and offer of amends would have been made out. Malice was not established, and the defence of honest opinion would only have succeeded on the innuendo of hypocrisy, not the core imputations. Thus, judgment is for the defendants.

Parties
Plaintiff: Richard Sleeman; First Defendant: Tuloch Pty Ltd (ACN 086 654 140) t/as Palms on Oxford; Second Defendant: Peter Inwood; Third Defendant: Rodney Innes
Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the defendants.
Legal Topics
Defamation, Vicarious Liability, Qualified Privilege, Honest Opinion, Triviality, Offer of Amends
Tort Defamation Vicarious Liability Qualified Privilege Honest Opinion Triviality Offer of Amends

Case Brief

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Parties

Richard Sleeman

Plaintiff

Tuloch Pty Ltd (ACN 086 654 140) t/as Palms on Oxford

First Defendant

Peter Inwood

Second Defendant

Rodney Innes

Third Defendant

Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 Whether the alleged defamatory matter was published as claimed
  2. 2 Whether the defendants were vicariously liable for statements by the security guard
  3. 3 Whether the matter was defamatory

Ratio Decidendi

The plaintiff failed to discharge the burden of proof that the defamatory matter was published as alleged. Even if publication were established, the defendants were not vicariously liable for the security guard's statements, as the guard was not their employee or agent under established Australian law. The defences of qualified privilege (common law and statutory), triviality, and offer of amends would have been made out. Malice was not established, and the defence of honest opinion would only have succeeded on the innuendo of hypocrisy, not the core imputations. Thus, judgment is for the defendants.

Court Disposition

Judgment for the defendants.

Orders

  • Judgment for the defendants.
  • Plaintiff to pay defendants' costs.