Is your lawyer a ‘Dennis Denuto’? – Here’s how it was defined in Court.

Tuesday , 24, November 2015 Leave a comment


Is your lawyer a ‘Dennis Denuto’?  – Here’s the Definition provided to the Court

Dennis_Denuto

Case : Smith v Lucht [2015] QDC 289

What is the natural and ordinary meaning of the words ‘Dennis Denuto’?

[22] “The plaintiff contends the words used convey a defamatory meaning because the natural and ordinary meaning of the words ‘Dennis Denuto’ is a lawyer who was:

(a) Unprofessional in the exercise of his said profession;

(b) Inexperienced in the exercise of his said profession;

(c) Unethical in the exercise of his said profession;

(d) Without, or without many or sufficient, clients in the exercise of his profession;

(e) Unable or incapable of discharging, properly, his role as a solicitor;

(f) Unable or incapable of discharging, properly, his role as a solicitor in large or complex litigation;

(g) Incompetent, including in the exercise of his said profession;

(h) Foolish, including in the exercise of his said profession; and

(i) The proper subject of ridicule, humour and/or mirth, including in the exercise of his said profession.”

HELD :  The publication of the defamatory matter is protected by s 33 of the Act because the circumstances of the publication were such that the plaintiff was unlikely to sustain any harm. The plaintiff’s claim is dismissed



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