26 Mar 2012
FRANCIS THOMAS DOOLEY V RAYMOND BRUCE SMITH HC GRY CIV-2009-418-125
- Citation
- openlaw-a2976dff_c923_4673_9e6d_9918bf725763.pdf
- Court
- High Court
Defendants published statements that, in their natural and ordinary meaning, imputed that plaintiff knowingly denied existence of a material email and misled trustees; defendants failed to establish truth or honest opinion because the statements were premised on a false factual assumption (plaintiff did not know of the email until 1 October 2007), and qualified privilege was defeated because defendants were predominantly motivated by ill will and/or took improper advantage of any privileged occasion; declaration of liability granted under s 24(1).