Gardiner & Anor v Ray

[1999] WASC 140

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Strike out applications
4. › Extension of time
5. › Purpose of time limit for strike-out applications
6. › Whether sufficient basis shown for late application
7. › Rules of the Supreme Court (WA), O 20 r 19
1. Defamation
2. › Damages
3. › Aggravated damages
4. › Anonymous libel
5. › Whether publication of anonymous libel to newspaper for republication capable of aggravating hurt and damage
1. Defamation
2. › Damages
3. › Exemplary damages
4. › Refusal to apologise
5. › Whether refusal to apologise coupled with conduct in context of anonymous publication capable of amounting to contumelious disregard of rights
1. Torts
2. › Damages
3. › Distinction between aggravated damages and exemplary damages
4. › Functional distinction between compensatory and punitive purposes

Quick Take

The time limit for strike-out applications under O 20 r 19 of the Rules of the Supreme Court (WA) serves the purpose of ensuring prompt disposal so that actions may continue without interruption, and more than lip service should be paid to it. Publication of an anonymous libel to a newspaper for republication is capable of supporting a claim for aggravated damages in defamation, as the inability to identify the author may aggravate the plaintiff's hurt.