Harris v Knell

[2016] WASCA 11

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendment of pleadings
3. › Amendment to indorsement of writ of summons
4. › Whether amendment introduced new cause of action
5. › Deletion of time of publication
6. › Whether amendment authorised without leave
7. › Rules of the Supreme Court 1971 (WA), O 21 r 1
1. Defamation
2. › Publication
3. › Time of publication
4. › Whether time of sending email is element of cause of action or mere particular
5. › Email communication
6. › Bilateral act of publication
7. › Whether indorsement identified publication sufficiently
8. › Rules of the Supreme Court 1971 (WA), O 6 r 2
1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal
4. › Whether decision attended by sufficient doubt
5. › Whether substantial injustice if decision undisturbed
6. › District Court of Western Australia Act 1969 (WA), s 79(1)(b)

Quick Take

In defamation proceedings arising from email communications, a reference to the time of sending in the indorsement on the writ is a particular identifying the email, not an element defining the cause of action. Deleting such a time reference does not introduce a new cause of action. The word 'publications' in O 6 r 2 RSC (WA) refers to the published documents complained of, and an indorsement identifying a specific email by date, subject matter and the fact of electronic transmission to a third party addressee provides sufficient particularity for compliance.