A-S v Statewide Roads Limited [2007] NSWSC 1472

New South Wales Supreme Court

CITATION : A-S v Statewide Roads Limited [2007] NSWSC 1472

HEARING DATE(S) : 3/12/07 & 4/12/07; 11/12/07 & 12/12/07

JUDGMENT DATE : 12 December 2007

JURISDICTION : Common Law

JUDGMENT OF : Walmsley AJ

EX TEMPORE JUDGMENT DATE : 12 December 2007

DECISION : Verdict for the first defendant with costs.; Verdict for the plaintiff against the second defendant in respect of imputations 13 (a), (b), (c), (d), and (e).; Verdict for the second defendant in respect of imputation 13 (f).; Costs between the plaintiff and second defendant reserved.

CATCHWORDS : DEFAMATION – identification – whether publication identifies plaintiff – where plaintiff development engineer employed by local council – where council commissioned report into plaintiff's work as engineer – where plaintiff not named in report - DEFAMATION – publication – whether publication published by defendant – where report written by employee of company – where defendant parent company of company whose employee wrote report – where companies in corporate group had common officers, common offices, and common fax number – where companies in corporate group produced consolidated financial statements – whether defendant and subsidiary in partnership – whether subsidiary agent of defendant – whether defendant positively accepted responsibility for publication by subsidiary – whether defendant vicariously liable for publication by subsidiary - DEFAMATION – imputations – whether imputations arise from matter complained of – whether imputations defamatory – whether imputations more than an insult – where plaintiff development engineer employed by local council – where council commissioned report into plaintiff's work as engineer – where report uses words such as "inappropriate", "not necessary", "exceeded his role as an approving and checking engineer", "unsuitable outcome", "poor understanding of basic hydraulics", "basic misunderstanding or incorrect application of council's requirements", "basic inability to understand geometry is exhibited", "serious breach of the staff member's obligation to provide proper engineering conditions", "engineering process has not been thought through properly", and "difficult, if not impossible, to defend the actions of a fellow engineer" – whether imputations pleaded arise – whether imputations that arise are defamatory - DEFAMATION – trial under s 7A Defamation Act 1974 – trial by judge alone