Auckland rates protester Penny Bright fails to show up for defamation case
Thursday, 5 November 2015
Defamation proceedings taken against an Auckland Council boss by activist Penny Bright may soon be over.
Bright failed to appear at the High Court at Auckland on Thursday for defamation proceedings she launched against council chief executive Stephen Town.
The hearing went on without her after the judge presiding over the case agreed she had ample forewarning that lawyers for Town are seeking to have the proceedings thrown out.
Bright took legal action against Town over comments he made to media about Bright's rates arrears. She is seeking $350,000 in damages and is acting for herself.
The defamation suit arose out of Bright's refusal to pay $38,372 in rates and penalties on her Kingsland home, because of what she calls a lack of transparency over council spending.
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In a press release issued to media earlier this year, Town made comments about Bright's criticism of the council, which she said were defamatory of her.
On Thursday, lawyers for Town appeared in court to apply for a summary judgment against her, essentially a ruling from the judge on whether Bright's case has merit and should continue.
Town's counsel, William Akel, said Bright had been well aware of the hearing which was scheduled months in advance and asked for it to proceed without her.
'Timetabled directions were made by consent for a full day hearing. There can be no misunderstanding,' Akel told Associate Judge Warwick Smith.
Judge Smith agreed. 'She's saying quite plainly the council's case is no good and she's not going to trouble herself to come along today.'
After a short adjournment to consider whether the application could be heard without Bright, Judge Smith ruled it would go on.
Akel told the court that Town's comments were made in the context of defending himself and the council, after Bright launched an 'unrestrained attack' on the council in the media.
Pages of media reports were given to Judge Smith, including one where Bright was quoted as saying the council's pursual of the rates was a 'draconian abuse of council power … personally malicious and vindictive against me'.
In his role, Town had an 'obligation' to set the record straight for ratepayers and his comments were made with qualified privilege, one of the defences of defamation, Akel said.
'This is at the heart of the press release,' he said. 'Ms Bright takes umbrage at this. It's quite clear she was only too willing to attack others, but not allow those attacked by her to respond.'
He said Bright's case was without merit, and was costing the council even more money.
He said Bright had refused to provide documents to the council's lawyers, even after the court directed her to.
'The way she has conducted the case has significantly impacted on the cost of the proceedings,' Akel said.
When contacted after the court hearing, Bright said she didn't attend court because she didn't see any need to and had requested the matter be dealt with through paperwork.
'Very simply, I wanted it dealt with on the papers. I didn't believe there could be anything else added (in person),' she said.
'It's a waste of ratepayers money and I wanted to save money and time.'
The council has previously turned down an offer by Bright to drop the proceedings if the council apologised and gave her $10,000, and she said another undisclosed amount suggested by her was also rejected by the council.
'I want the public to know that twice I have attempted to deal with this out of court. I think it's absolutely appalling.'
The hearing continues.
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