Palavi v Queensland Newspapers Pty Ltd & Anor [2012] NSWCA 182 (20 June 2012)

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/182.html

PROCEDURE – Defamation proceedings – Destruction of mobile phones prior to commencement of proceedings – Admitted facts before primary judge disclosed evidence material to pleaded imputations had been destroyed – Whether admitted facts supported the inference that appellant intended to pervert the course of justice – Whether primary judge erred in striking out appellant’s statement of claim as an abuse of process – Uniform Civil Procedure Rules, r 13.4(1)(c)

DEFAMATION – Destruction of evidence prior to commencement of proceedings – Claim for aggravated damages – No defence filed – Notice to strike out claim – Whether truth of imputations in issue on claim