Community Activists’ 4-year legal odyssey ends in win

The Environmental Defenders Office (EDOWA) is thrilled to announce victory in a long-running litigation matter, a defamation action brought against community activists who have, to date, successfully opposed an urban development in Wattle Grove, a rural part of the Kalamunda Shire.

 

The EDOWA and Barrister Dr Johannes Schoombee represented Jane Genovese, one of three defendants alleged to have defamed local developer, Ross Leighton, in a lawsuit he filed in the WA Supreme Court in April 2012.

 

The EDO had previously provided legal advice and assistance to Ms Genovese and other local residents regarding environmental and planning issues related to the development and took on Ms Genovese’s defence based on that prior assistance and the public interest in defending community members’ right to free speech regarding environmental issues.

 

In a judgment released on the 29 April 2016, Justice Rene Le Miere dismissed Mr Leighton’s action for want of prosecution. On 28 July 2015, Justice Le Miere had placed Mr Leighton’s case on the Court’s Inactive Cases List because he’d taken no steps to advance the case in the preceding 12 months. At the July hearing, the Court advised Mr Leighton that if he took no steps to re-activate the case, it would be dismissed after six months’ time.

 

When Mr Leighton took no action, EDOWA and the other defendants’ lawyers applied to have the action dismissed on 1 March 2016. Mr Leighton opposed dismissal – and particularly the award of costs that would flow from dismissal – leading to two hearings on 1 April and 15 April 2016.

 

Ultimately, the Court agreed with the EDOWA’s application to dismiss the case for want of prosecution. Justice Le Miere’s decision in Leighton v Garnham [No. 4] [2016] WASC 134 can be found on the WA Supreme Court’s website, under “Judgments”, or accessed here:

http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=49E83D20A37702D948257FA400153AF3&action=openDocument&SessionID=EE798YJVYE.

 
In conjunction with the dismissal of the plaintiff’s action, Justice LeMiere ordered Mr Leighton to pay the defendants’ costs in the case from May 2012 to 29 February 2016, and to pay them 50% of their costs associated with their efforts to dismiss the matter after 1 March 2016.

 

On receiving the Court’s decision, EDOWA’s Principal Solicitor, Patrick Pearlman, asked:

“Please join us in wishing Jane congratulations on ending a very trying, painful four-year trip through WA’s complex law of defamation and the very best of wishes in getting on with her life”.

For media enquiries please contact Patrick Pearlman:  08 9221 3030 or edowa@edowa.org.au

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