Bristow v Adams [2011] NSWDC 11

District Court New South Wales

Medium Neutral Citation: Bristow v Adams [2011] NSWDC 11 Hearing dates: 7, 8, 9 and 10 June, 8 October 2010 Decision date: 24 March 2011 Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendant; 2.I will hear the parties on the appropriate order for costs; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required . Catchwords: TORTS - defamation - email resignation by employee distributed through employer's email server to co-employees and managers - defamatory content - hurt feelings - whether elements of the tort established - whether injury to reputation established - whether defences established; DAMAGES - assessment of damages for defamation; COSTS - application by plaintiff for costs against a non-party - former solicitor - procedural fairness requires notice and particulars Legislation Cited: Civil Procedure Act 2005, ss 62(1), 62(3) Defamation Act 2005, ss 20, 25, 26, 28, 30, 31, 33 Evidence Act 1995, ss 61(2), 62, 71 Uniform Civil Procedure Rules 2005, r 7.29 Cases Cited: Bristow v Adams [2010] NSWDC 64 Chase v Newspapers Limited [2002] EWCA Civ 17 Cohen v Daily Telegraph Ltd [1968] 1 WLR 916 Dow Jones and Company Inc v Gutnick [2002] HCA 56; 210 CLR 57 Hepburn v TCN Channel Nine Pty Ltd (1983) 2 NSWLR 664 Maisel v Financial Times Limited [1915] 3 KB 336 Mirror Newspapers Ltd v Fitzpatrick (1984) 1 NSWLR 643 Roberts v Bass [2002] HCA 57; 212 CLR 1 Sims v Wran (1984) 1 NSWLR 317 State of NSW v Deren [1999] NSWCA 22 State of NSW v Riley [2003] NSWCA 208; (2003) 57 NSWLR 496 Category: Principal judgment Parties: Alan Bristow (Plaintiff) Tracy Adams (Defendant) Representation: Mr B Goldsmith (Solicitor for the plaintiff until the close of evidence) Mr M Duncan (Counsel for the defendant for final submissions) Mr CA Evatt with Mr R Rasmussen (Counsel for the defendant) Barrie Goldsmith (Solicitor for the plaintiff until the close of evidence) Lyons and Lyons (Solicitor for the plaintiff for final submissions) Stacks Goudkamp (Solicitor for the defendant) File Number(s): 4259 of 2009 2009/337286