Wingecarribee Shire Councillors Duncan Gair and Garry Turland have filed legal action
Posted: Wed Nov 08, 2017 8:28 pm
#BREAKING: Supreme Court heats up with Wingecarribee Councillors defamation case
LattéLife - Reporting live from Queen’s Square Law Courts, Sydney
Wingecarribee Shire Councillors Duncan Gair and Garry Turland have filed legal action against Bowral’s Adam Greenwood following a satirical video uploaded to YouTube last year titled, The Strife and Crimes of Duncan Gair.
This morning, the defamation case was heard before Supreme Court Justice Lucy McCallum for an application to strike out parts of Mr Greenwood’s defence before moving forward to set either a mediation or trial date.
Clrs Gair and Turland were represented by commercial litigation and insolvency barrister, Danielle Woods. Mr Greenwood's counsel was top defamation silk, Sue Chrysanthou, who has previously represented Joe Hockey and Gina Rinehart at the Supreme Court.
Ms Woods argued that the contextual imputations and honest opinion defence should by struck out, stating, “In relation to Gair is a criminal, the plaintiff says that is not different in substance to Gair is a racketeer.”
Ms Woods also raised issues with the Chelsea Gardens/Coomungie (a land subdivision at Moss Vale, potentially yielding a profit in the tens of millions of dollars) allegations relating to election posters and declarations of interests. “The plaintiff (Gair) wouldn't be aware of who is putting out posters of themselves.” Ms Woods told the Court.
“The defendant should be more precise in its pleading to say that Gair is a criminal. We object as the defence is too imprecise.”
Justice McCallum responded, “The person handing out the How to Vote cards would know as they were given the How to Vote Cards to hand out.”
Ms Chrysanthou disputed the application and told the Court, “We are entitled to put to the jury that this man (Gair) has misused his office as a councillor. These people do favours for their mates. They're dodgy, another colloquialism to describe them. A jury will decide.”
“One of the plaintiffs has made an admission in a council meeting that he's made many decisions to benefit one of his mates.”
Justice McCallum’s decision on the strike out application will be made on 3 November.
Photos:
1) NSW Supreme Court
2)Clr Duncan Gair
3) Clr Garry Turland
4) Adam Greenwood.
LattéLife - Reporting live from Queen’s Square Law Courts, Sydney
Wingecarribee Shire Councillors Duncan Gair and Garry Turland have filed legal action against Bowral’s Adam Greenwood following a satirical video uploaded to YouTube last year titled, The Strife and Crimes of Duncan Gair.
This morning, the defamation case was heard before Supreme Court Justice Lucy McCallum for an application to strike out parts of Mr Greenwood’s defence before moving forward to set either a mediation or trial date.
Clrs Gair and Turland were represented by commercial litigation and insolvency barrister, Danielle Woods. Mr Greenwood's counsel was top defamation silk, Sue Chrysanthou, who has previously represented Joe Hockey and Gina Rinehart at the Supreme Court.
Ms Woods argued that the contextual imputations and honest opinion defence should by struck out, stating, “In relation to Gair is a criminal, the plaintiff says that is not different in substance to Gair is a racketeer.”
Ms Woods also raised issues with the Chelsea Gardens/Coomungie (a land subdivision at Moss Vale, potentially yielding a profit in the tens of millions of dollars) allegations relating to election posters and declarations of interests. “The plaintiff (Gair) wouldn't be aware of who is putting out posters of themselves.” Ms Woods told the Court.
“The defendant should be more precise in its pleading to say that Gair is a criminal. We object as the defence is too imprecise.”
Justice McCallum responded, “The person handing out the How to Vote cards would know as they were given the How to Vote Cards to hand out.”
Ms Chrysanthou disputed the application and told the Court, “We are entitled to put to the jury that this man (Gair) has misused his office as a councillor. These people do favours for their mates. They're dodgy, another colloquialism to describe them. A jury will decide.”
“One of the plaintiffs has made an admission in a council meeting that he's made many decisions to benefit one of his mates.”
Justice McCallum’s decision on the strike out application will be made on 3 November.
Photos:
1) NSW Supreme Court
2)Clr Duncan Gair
3) Clr Garry Turland
4) Adam Greenwood.