Clarke v Coles Supermarkets Australia Pty Limited [2012] NSWDC 107

District Court New South Wales

Medium Neutral Citation: Clarke v Coles Supermarkets Australia Pty Limited [2012] NSWDC 107 Hearing dates: 21, 22, 23 & 24 February, 19 April 2012 Decision date: 31 July 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $52,900 including interest up to the time of judgment; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - defamation - assault - harassment - intimidation - wrongful imprisonment - claim by supermarket customer that manager publicly stated customer had omitted to pay for merchandise - raw prawns - whether respective claims and defences established; DAMAGES - assessment of claims for compensatory general damages, aggravated general damages and claimed exemplary damages Legislation Cited: Defamation Act 2005, s 30(1), s 30(2), s 30(3) Cases Cited: Bunyan v Jordan [1937] HCA 5; (1937) 57 CLR 1 Bristow v Adams [2012] NSWCA 166 Mirror Newspapers Limited v Fitzpatrick (1984) 1 NSWLR 643 Rookes v Barnard (No 1) [1964] UKHL 1; (1964) AC 1129 Trobridge v Hardy [1955] HCA 68; (1955) 94 CLR 147 Watson v Marshall & Anor [1971] HCA 33; (1971) 124 CLR 621 Category: Principal judgment Parties: Philip Clarke (Plaintiff) Coles Supermarkets Australia Pty Limited (Defendant) Representation: Mr CA Evatt with Mr R Rasmussen (Plaintiff) Mr R Weaver (Defendant) Beazley Singleton Lawyers (Plaintiff) McCullough and Buggy (Defendant) File Number(s): 2010/296700 Publication restriction: None