An Ipswich lawyer who sued a man for $250,000.00 after he called him “Dennis Denuto” has had his Claim dismissed by the District Court.
Brett Smith commenced defamation proceedings against Kenneth Lucht after he took issue with Mr Lucht referring to him on multiple occasions as “Dennis Denuto” the lawyer character from the classic Australian film “The Castle”.
For those not familiar with the film, Dennis Denuto is the solicitor who represents the film’s protagonist, Dale Kerrigan in a legal fight against the compulsory acquisition of the Kerrigan’s family home. Dennis Denuto is portrayed as likeable and well-intentioned but inexperienced in matters of constitutional law and not qualified to appear in person in litigation of that nature. During the film, Mr Denuto’s main submission to the Court in support of his client’s case concerned “the vibe”.
The statements which Mr Lucht made regarding Brett Smith occurred after Brett Smith agreed to act for his daughter-in-law in family law proceedings against her former husband, Mr Lucht.
The first statement which referred to Brett Smith as “Dennis Denuto” was made by Mr Lucht via email to his former wife (Mr Smith’s daughter-in-law). Subsequent statements which referred to Brett Smith as “Dennis Denuto” were made orally by Mr Lucht to his former wife and her husband (Mr Smith’s son) during a child handover outside a restaurant.
Mr Lucht defended the defamation proceedings brought by Mr Smith on a number of grounds including section 33 of the Defamation Act (Qld) 2005 (“the Act”). That section provides a defence to the publication of defamatory matter if the defendant proves that the circumstances of publication were such that the plaintiff was unlikely to sustain any harm.
In dismissing the Mr Smith’s claim, in his judgment delivered on 20 November 2015, Judge Moynihan found that:-
Had the statements been made to persons who were not members of Mr Smith’s family and not involved in the family law dispute then Mr Lucht would likely not have succeeded with his defence under section 33 of the Act.
Had Mr Lucht not succeeded with his defence under section 33 of the Act, Judge Moynihan assessed that an appropriate award of damages for Mr Smith’s claim would have been an amount of $10,000.00 including interest.
A full copy of the Judge’s decision can be accessed at http://archive.sclqld.org.au/qjudgment/2015/QDC15-289.pdf
It remains to be seen whether Mr Smith decides to take his case further on appeal as was the case in “The Castle”.
Our firm has experience in handling defamation claims on behalf of Plaintiffs and Defendants.
If you would like further advice with respect to your rights regarding the law of defamation including as to whether any defences are applicable under the Defamation Act (Qld) 2005 please contact our office to make an appointment.
