Court upholds judge’s ruling on parent’s comments School head denied appeal
“element of vindication” for Ms Brose.
“Here there is the correction of the record insofar as the allegations of bullying and lying which are serious allegations in themselves, particularly against the plaintiff who is a high school principal,” Mr Anderson said.
The Court of Appeal, comprised of Justice Philip McMurdo, Justice Debra Mullins, and Justice David North, found Ms Brose had “only became minded to (appeal) only when ordered to pay the respondent’s costs”.
“This is not a case where it can be said the applicant has been denied the opportunity through a judgment ... of her having her reputation vindicated,” Justice McMurdo said.
“As I’ve said there has also been an apology by the respondent. Ultimately the proposed appeal is apparently intended to serve only the purpose of awarding the order for costs, the amount of which is unquantified but ought not to be substantial.”
Justice McMurdo said the trial judge had concluded that Ms Arnold’s comments were not defamatory after hearing “considerable evidence”.
“The trial judge found the publication carried the imputation which were pleaded but the application failed because in the judge’s conclusion they were not defamatory in that they were unlikely to make any reasonable reader think less of the applicant,” he said.