CI Times Weekly | Current Issue 264 | 18 August 2008
$1.2 million defamation suit launched
The managing director of The Rarotongan Beach Resort & Spa Ltd is seeking over $1Million damages in a defamation claim against the Cook Islands News (1st defendant); editor/publisher John Woods (2nd defendant); (former) publisher Phil Evans (3rd defendant); and businessman Don Dorrell (4th defendant).
The application and statements of claim were lodged this week by Te Vaka Law PC acting on behalf of resort owner, Tata Crocombe in his position as managing director (1st plaintiff) and for the resort (2nd plaintiff).
There are six causes of action against the defendants, most of which complain of particular ‘letters to the editor’ published in the daily paper. The dates are as follows: 21 February 2006; 7 August 2006; 27 September 2007 and 11 October 2006.
According to the statement of claim, the letters to the editor were ‘part of a campaign to publish material which was defamatory of the First Plaintiff (Crocombe) and those statements ‘have caused serious harm’ to his reputation causing ‘distress and anxiety’. As managing director, Crocombe is seeking general damages, aggravated damages, exemplary damages ‘in such amount as may be deemed appropriate by the Court’ (as 1st plaintiff) plus interest and costs.
The resort (2nd plaintiff) alleges that the contents of the letters ‘were likely to cause financial loss’ to the resort ‘by damaging its goodwill and affecting its revenue’ and are seeking general damages, exemplary damages ‘as may be deemed appropriate by the Court’ plus interest and costs.
In addition, the plaintiffs complain of an article written by a staff reporter at the Cook Islands News entitled “Landowners win landmark case against environment service and authority” on 22 September 2007.
The application to the High Court of the Cook Islands was lodged late this week on behalf of the plaintiffs and it is anticipated that a Queens Counsel wil prosecute the case for the plantiffs.