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[2003] WASC 153
Supreme Court of WA
2003-09-03
Mr J, Ipp J
Original judgment source is linked above.
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION : CULLEN -v- WHITE [2003] WASC 153
Defamation - Assessment of damages - Turns on own facts
Arnett v Roper, unreported; SCt of WA; Library No 990141; 26 March 1999
Bateman v Symons, unreported; SCt of WA; Library No 980694; 2 December 1998
Boschetti v Carr [2002] WASC 211
Corse v Robinson, unreported; FCt SCt of WA; Library No 970669; 8 December 1997
Dow Jones & Company Inc v Gutnick [2002] HCA 56
Mickelberg v 6PR Southern Cross Radio Pty Ltd [2002] WASCA 270
Rindos v Hardwick, unreported; SCt of WA (Ipp J); Library No 940164; 31 March 1994
The Buddhist Society of Western Australia Inc v Bristile Ltd [2000] WASCA 210
Todd & Anor v Swan Television and Radio Broadcasters Pty Ltd [2001] WASC 334
1 MASTER NEWNES: This is an application for an assessment of damages for defamation. The plaintiff issued a generally indorsed writ claiming damages for defamation against the defendant, who is resident in the United States of America. On 5 April 2002, Master Bredmeyer granted leave to the plaintiff to serve notice of the writ on the defendant in the United States. The defendant had 30 days from the date of service of the notice of writ on him in which to file and serve a memorandum of appearance. No appearance was filed and, on 4 November 2002, judgment was entered in default.
2 The plaintiff then applied for damages to be assessed and on 31 March 2003 leave was granted for the plaintiff to serve notice of the appointment of the assessment of damages on the defendant in the United States. The matter was initially set down for hearing on 16 May 2003, but the defendant complained by letter to the Court that he had not had sufficient notice of the hearing date. It was set down then for 28 May, but that ran into the same problem. On 30 May 2003, the plaintiff's solicitor caused to be sent by post to the defendant in the United States a letter giving notice of the hearing on 24 July 2003, and also particularising the specific publications complained of by the plaintiff and the imputations that the plaintiff alleges were conveyed by those publications. Enclosed with the letter was a copy of the plaintiff's outline of submissions for the assessment of damages. The affidavit of the plaintiff on which the plaintiff intended to rely at the hearing of the assessment had previously been served on the defendant and reference was again made to it in the letter to the defendant advising of the hearing.
3 There was no appearance by the defendant on the assessment of damages.
4 The plaintiff is a university lecturer who previously taught at the Divine Word University in Papua New Guinea. The defendant was teaching there at the same time, although in a different department. The plaintiff had little contact with him. The plaintiff subsequently enrolled at the University of Queensland to study for a Doctor of Philosophy degree in journalism. After he was awarded that degree the plaintiff obtained an appointment as a lecturer at Edith Cowan University in Perth in January 2002. The plaintiff does not have a permanent appointment. The plaintiff must serve a probationary period of three years before his appointment at Edith Cowan University can become permanent.
5 The plaintiff says that the defendant was dismissed from his employment at the University of Divine Word in February 1997. About 18 months later the plaintiff was doing research on HIV/AIDS in the Pacific when he came across a "discussion forum" on the World Wide Web and found on it a number of postings by the defendant which were extremely derogatory of Divine Word University and a number of people whom the plaintiff had known there. The plaintiff wrote to the webmaster to urge him to remove the postings. The webmaster published the plaintiff's letter on the discussion forum web page. According to the plaintiff, within days the University of Queensland, where the plaintiff was then studying, started to receive e-mails from the defendant alleging that the plaintiff was a fraud. Within two months, the defendant had created a web site for his attacks on the plaintiff. It seems from the material put before me on this application that that is the fate of anyone who incurs the defendant's displeasure.
6 The plaintiff says that the defendant has since been "bombarding" the plaintiff's colleagues, first at the University of Queensland and more recently at Edith Cowan University, with false allegations about him. The defendant has also published web pages on the World Wide Web containing allegations which are either identical to or to the same effect as those made in the e-mails. The plaintiff says that staff and students at Edith Cowan University have asked about the web sites on which this material appears.
7 The plaintiff has brought this action in respect of four specific publications on the internet. Some of those publications are very lengthy and for present purposes it is unnecessary to set them out in full. The following extracts will suffice:
"Trevor Cullen and Boy Bonkers
Boy Bonkers - Where a Boy is a Joy
And Joy is a Boy
[Picture of plaintiff]
This is Doctor Trevor Cullen, and I am proud to announce that I am the new president of Boy Bonkers International.
Many of you know that a boy is a joy, and those of us of that persuasion have formed Boy Bonkers International.
We are of course affiliated with NAMBLA or the North American Man Boy Love Association. Much credit is due that organization for bringing Boy-Man alliances out into the open.
[Picture]
Doctor Cullen with Small Boy
As a former priest and also journalist, I bring great insights to this topic. I hope all you small boy lovers out there will join me.
Boy Bottoms Up, and Up Boy Bottoms
Doctor Trevor Cullen, PhD
Perth, Australia
email: doctorcullen@ ...
Warning - I, Doctor Trevor Cullen, must clearly state that in many unprogressive counties, Boy Bonking is strictly illegal. These oppressive regimes have been influenced by the right wing, or the conservative set or sects. Personally, I think they just want to keep all the small boys to themselves.
...
Here is a personal endorsement of me, Doctor Trevor Cullen, from my friends in Malawi.
I have worked closely with the Archdiocese of Los Angeles, and here is a site and page about their Cardinal. What a fine man he is.
You can add your comments to the Cardinal Comment Page if you like. Here it is.
Danger!!! This group is trying to do away with priests and other people that like and love small boys. This is Buttbusters - Don't let them bust your butt.
Please visit all my links. You won't be disappointed. Some of them are Soooo Big. Dr. Trevor Cullen PhD
Some have cast doubt upon my PhD. Perhaps it is jealousy over my Boy Bonkers International. But I have solved that problem, thanks to the web. I have put the very thesis on the web. Here it is.
While I was recruiting for BBI or Boy Bonkers International, I headed the Journalism Department at Divine Word University. You can read all about them here.
I have had the unqualified support of ... in my pursuits. David has his own web site here.
Father ... is in the SVD and it is a fine organization. SVD stands for Society of Venereal Disease, and thus they are fine fellows.
Montfort was my prior Order back when I was a priest in Africa and discovered by [sic] love for small boys.
http://www ...
This Man, and he is a real man, has a real PhD from Oxford. But we both support the same organizations - Father Coyote in Los Angeles. See how it works?
This is a real MD, and I mean a real MD. So, we have Doctors too.
This is Father Coyote. Unlike me, he is a real priest. They also call him Father FreeHoly. He does not like small boys however. He has other perversions. But he gives me his unqualified support, and that is nice. Thank you Father FreeHoly!
Disclaimer: This page is of course a sort of parody of Doctor Trevor Cullen. Doctor Cullen has in fact been run out of three countries over his Small Boy Disorder. (Malawi, Africa, England, and Papua New Guinea.) 'Father' Trevor was a priest for some time in the order of Montfort Missionaries of England Ireland. He left Africa over SBD and was sent for treatment back in England. When this was not successful, Montfort paid for his education to become a journalist, and he left the priesthood.
Unfortunately the career as a journalist was not any more successful than that as a priest. 'Father Trevor kept finding small boys. Here in 2002, Doctor Trevor Cullen is at Edith Cowan University in Western Australia. He has a newly awarded PhD from the University of Queensland in Australia. Unfortunately, his PhD is falsified. Yes, and Doctor Trevor Cullen was foolish enough to put his thesis on the web so that can be verified. It seems that the life of Father Doctor Trevor Cullen is just one lie after another after another."
"'Father' Doctor Trevor Cullen
Massive fraudulent
Now at Edith Cowan University
Perth, Western Australia
[Picture of plaintiff]
January 2003 - New Year - Edith Cowan University will neither confirm or deny that Trevor Cullen is still in their employ and it is believed that Doctor Cullen may be 'in the wind'. You can read about his association there at Edith Cowan University at this link:
Trevor Cullen at Edith Cowan University at ...
But we have new items. We have now documented that Trevor Cullen falified [sic] his submissions for the new journalism textbook at the University of South Pacific. You will want to take a look at that new item at the link below.
It is now 'Textbook Fraud' that is added to 'PhD thesis fraud'. The frauds never stop, and that is in addition to Small Boy Disorder.
We will try to keep you posted here, but remember, Trevor Cullen is, in addition to a fraud, a dangerous felon. Here the expression applies double that you never want to get your butt too close to a priest, or a former priest.
5 October 2002
The massive fraud of Trevor Cullen continues. This site and page will continue to map the same. In the past, Trevor Cullen has falsified his credentials as a priest, journalist, and academic. Yet as of this writing, October 5, 2002, he is still at Edith Cowan University as a 'Senior Lecturer'.
What is going on here? Are the facts as I state them incorrect? If so, where is the administration of Edith Cowan University or Doctor Trevor Cullen? We will be looking at that.
Bill White
Attorney Retired
Former Lay Mission Helper
...
NEW! TREVOR CULLEN TAKES THIS FRAUD TO THE NEW TEXTBOOK - 'THE PACIFIC JOURNALIST' FROM THE UNIVERSITY OF SOUTH PACIFIC IN FIJI.
REPORT ON THIS SITE OF THE PHD THESIS FRAUD WITH LINKS AND REFERENCES.
NEW! IT IS LAW SUIT TIME. TREVOR CULLEN AND HIS ATTORNY JEREMY MALCOLM SUE BILL WHITE IN PERTH! PERTH?
NEW! OPEN LETTER TO THE CHANCELLOR OF EDITH COWAN UNIVERSITY - ABOUT THE TREVOR CULLEN MESS.
THE FRAUDULENT PHD ON THIS SITE IN PDF FORMAT - AS TREVOR CULLEN HIMSELF PUT ON THE INTERNET. LARGE FILE - LONG DOWNLOAD.
THE FRAUDULENT PHD THESIS OF TREVOR CULLEN WITH COMMENTS IN THE HTML FORMAT - LARGE FILE - YOU SHOULD DOWNLOAD AND THEN SAVE TO YOUR HARD DISK!
...
MONTFORT MISSIONARY - IS TREVOR CULLEN A PRIEST OR NOT? OR DID TREVOR CULLEN LEAVE MONTFORT OVER "SMALL BOY DISORDER"?
[Picture of plaintiff]
Watch this rascal - Run Small Boys - Run!!
..."
"Trevor Cullen Reinvents Himself - Yet Again.
Updated March 2002
[Picture of Trevor Cullen]
"Father" Doctor Trevor Cullen - All Around Impostor - Fraud
All New - Massive PhD Thesis Fraud by 'Father'
Doctor Trevor Cullen
CLICK HERE FOR NEW WINDOW TO PHD THESIS FRAUD.
New!!! March 2002 - 'Father' Doctor Trevor Cullen Takes This Fraud to Edith Cowan University in Western Australia
CLICK HERE FOR NEW WINDOW TO ... TREVOR CULLEN AT EDITH COWAN UNIVERSITY.
From the Trevor Cullen web site at www. ... Remember, always convict a rascal with his own words.
Dr. Trevor Cullen
STB (Theology). MA (Religious Studies). MA (Int. Journalism).
PhD (Journalism).
By Bill White. My notes in red. Text from www. ... in black.
The Priest Impostor, Journalist Impostor and Academic Impostor gives us another reinvention of himself. This as of 2001 from his new web site www. .... Trevor presented himself as a priest for the two years he was at Divine Word in Papua New Guinea and celebrated Mass on a regular basis (19961-1996). He is not a priest in Montfort Missionary Society as claimed, or a priest in any other Order. Based upon his performance, the only profession he has had in the last ten years is that of blackmailer.
(See yellow box below).
About the Author
Rev Dr Trevor Cullen has worked as a journalist in Malawi, England, Italy, Papua New Guinea and Australia.
What happened to the 'priest story'? Trevor, as of 2001 has worked as a 'journalist' for two weeks at the BBC, a few weeks at Vatican Radio and a few months talking into a microphone at the Communications Institute in Goroka, Papua New Guinea.
He started his journalism career in radio and worked for Malawi Broadcasting Corporation (MBC), BBC World Service and Vatican radio. In 1992 he switched to newspapers and in 1994 completed an MA in International Journalism at City University, London. From 1996-1997 he ran the journalism department at Divine Word University in Papua New Guinea.
Trevor did run the journalism department at Divine Word, but there was no 'University'. Divine Word first applied for 'university' status in December 1999, by an Act of Parliament. That passed but is still pending a commencement notice in March 2002. The 'Masters' in journalism is a first course for international students. Trevor is a British National and was thus not eligible for that degree. Trevor headed and taught the students at Divine Word with half their education and a total of a few months microphone experience. If Trevor 'in 1992 switched to newspapers', the newspaper is unnamed.
From 1998-2000 he was sponsored by the University of Queensland in Brisbane, Australia, to undertake a doctoral research of
Press Coverage of HIV/AIDS in Papua New Guinea and the South Pacific. On 13 December 2000 he was award the degree, 'Doctor of Philosophy' (PhD) in Journalism from the University of Queensland.
Trevor did receive this PhD from the University of Queensland. UQ offers no full scholarship for their PhD programs for either Australian nationals or foreign students. Trevor did such a good job of impersonating a priest at Divine Word (or was blackmailing the SVD and Father ... SVD) that Divine Word paid the US$100,000 for the three years. But what is more, Trevor Cullen falsified his PhD research and it is documented.
CLICK HERE FOR NEW WINDOW TO PHD THESIS FRAUD.
His other degrees include STB (Hons) Theology; MA (Hons) Religious Studies from Louvain University in Belgium.
More fraudulent degrees. Trevor Cullen has never attended Louvain. The only two awards that Trevor holds that are not fraudulent are a diploma and a degree from the Missionary Institute of London (MIL Hill). If Trevor has attended a theological seminary in order to be admitted to the priesthood, it is not shown.
...
The PhD research of Trevor Cullen was done by the diploma students at Divine Word Institute in Papua New Guinea as part of their work project. Most of the interviews of the editors of newspapers and magazines claimed in the thesis of Trevor Cullen never took place. Some of the ones that did were conducted by the students at Divine Word.
...
[Photograph of plaintiff]
Priest Impostor and Blackmailer
..., the retarded repairman at Divine Word once said, 'I want to become a priest. They get all the good sex.' And so it is and so it was. Trevor Cullen in turn decided you could become a priest, without being a priest, and then blackmail the real priests over all that 'good sex.' (And also get the good sex of your choice while pretending to be a priest - but that is yet another story about Divine Word University.)
I submit Trevor did the blackmail routine twice. Once to Montfort Missionary when he left their employ in Africa in 1991, and again to The Society of the Divine Word (The SVD) when he left Divine Word University in 1997. Why not turn the same trick twice? It worked the first time.
...
March 2001. New. You can now e-mail this page to your friends. What is more, you can e-mail Trevor Cullen at ... and ask him, 'Trevor Cullen, how do you explain all of this?' If you get a reply, send a copy to me at ... and I will place it here. Trevor Cullen can't come to the table because it is all lie, and Trevor Cullen is a fraud.
As you piece this whole puzzle together, it keeps coming up that Trevor Cullen is a fraud. What we have so far is that Trevor was a priest, or brother, or associate in Africa in the 80's. It appears that Trevor left that when he went to City University to take up his new career in journalism. After all, he does not claim to be a priest and he has submitted the information. (See below)
When Trevor Cullen got to Divine Word in 1996, Father ... just made Trevor a priest. Of course that all fits. Father ... made up the qualifications of most everyone at Divine Word. He put ... the retarded repairman, in the classroom as a teacher. Father ... conferred a PhD on me out of thin air. Just made it up. Suddenly I had a PhD. And he made Trevor Cullen a priest.
... "
"Edith Cowan University
And
Dr. Trevor Cullen Fraud
[Photograph of plaintiff]
New December 2002.
Is it Small Boy Disorder or Falsified Thesis Disorder? What is Edith Cowan University doing about their problem 'priest' and academic journalism fraud?
CLICK HERE FOR YELLOW BOX ABOUT THESE 'SMALL' DISORDERS.
More updates on the Doctor Trevor Cullen Fraud. The biggest mistake 'Father' Trevor Cullen made was to put his falsified PhD thesis on the Internet. Now anyone can show that 'Father' Trevor Cullen is a fraud, just by spending some time with the document. The background is that Trevor was awarded the PhD by the University of Queensland in December 2000 for his thesis submitted in July 2000. He then put the thesis on the web in July 2001 on his own web site at www. ...
PHD THESIS FRAUD WITH LINKS AND REFERENCES.
Come 2002, it is clear that the thesis is a fraud. So first Trevor Cullen amends his web site and claims that his thesis is a 'draft'. So where is the 'real' thesis? Trevor Cullen of course is not saying. Now it is a 'secret thesis'. That story was so absurd that in a few weeks the whole website disappeared. Yes come July 2002, Doctor Trevor Cullen has his whole web site removed.
...
But the damage is already done. The documents have been copied from the web and are still there on my sites for all to see. We have the fraudulent thesis, and other fraudulent documents of the Trevor Cullen fellow.
CLICK HERE FOR THE REVIEW OF THE FRAUDULENT PHD THESIS OF DOCTOR TREVOR CULLEN.
Man Bites Dog
So what is Trevor Cullen going to do next? Are you ready for this? Trevor Cullen is going to sue me for libel. Man bites dog. Trevor Cullen the 'journalist' is suing for libel. But what about his fraudulent PhD thesis? It is gone. Perhaps when Trevor shows up in court, he will have a new PhD thesis. The real one.
The Real Thesis
Doctor Trevor Cullen has a problem if he is going to try to rewrite his PhD thesis two years later. That problem is that there are over 25 additional frauds in the thesis, in addition to those already pointed out. I did not get around to putting them on the sites, and now I won't, except one or two at a time. So you can assume that the 'Real Thesis' will not soon appear.
...
Small Boy Disorder
Or Falsified Thesis Disorder
And Trevor Cullen
Why did 'Father' Trevor Cullen leave the priesthood in 1991? Of course it was Small Boy Disorder. So was Trevor a priest in 1996 and 1997 when he played priest at Divine Word? Of course not. Was he a journalist? Well no. Was he an academic? No again. He was a former priest with Small Boy Disorder who at that point had had a one year course in journalism.
What did 'Father' Trevor Cullen do at Divine Word? Well, he did not know anything about journalism, but he knew a lot about Small Boy Disorder, so it was back to what he knew best.
So Divine Word ships Trevor off to the University of Queensland for a PhD for which Trevor has no qualifications. Trevor got the degree with a falsified thesis. Now we have Doctor Trevor Cullen. But it is all a fraud. Just like when he was a priest with Small Boy Disorder."
8 It was submitted that the first article conveyed a defamatory imputation that the plaintiff was a paedophile; the second, that he had committed academic fraud; the third, that he had falsified his credentials, was a dangerous felon and had committed blackmail and the fourth, that he had falsely pretended to be a priest.
9 I accept that the respective words complained of conveyed those imputations. They are grave defamations of the plaintiff. Moreover, the statements were disseminated on the internet, which was plainly designed to maximise their detrimental effect, and they are deliberately couched in extravagant and offensive language. In the circumstances, it is obvious that the defendant intended to cause as much damage and hurt as possible.
10 I am satisfied on the evidence that the defamatory material has received substantial circulation among academic colleagues and others with whom the plaintiff comes into contact in a professional capacity and that the plaintiff has genuine concerns that the existence of the material on the internet will seriously affect his future employment prospects. The plaintiff pointed out that the publications are readily accessible by means of a search on the internet and a person, such as a prospective employer, wishing to obtain information about him is likely to make such a search.
11 The existence of this material has come to the attention of Edith Cowan University, his current employer, and there was produced in evidence a letter from the head of the School of Communications and Multi-Media addressed "To Whom It May Concern" stating that the University was aware of the campaign aimed at Dr Cullen, that there was no foundation for it and that the University regarded it as defamatory, illegal and immoral. Nevertheless, it is understandable that the plaintiff is concerned about the effect the publications may have on people who are not aware of the true position.
12 The plaintiff also referred to contact he had had about it from his sister, whose daughter had come across this material on the internet, and to friends and colleagues who had contacted him after having seen it on the internet.
13 The defendant has not attempted to justify the defamatory statements nor has he sought to raise any other defence to them.
14 The question then is, what damages should be awarded to the plaintiff?
15 In Uren v John Fairfax & Sons [1966] HCA 40; (1966) 117 CLR 118, Windeyer J, at 150, said:
"It seems to me that, properly speaking, a man defamed does not get compensation for his damaged reputation. He gets damages because he was injured in his reputation, that is simply because he was publicly defamed. For this reason, compensation by damages operates in two ways - as a vindication of the plaintiff to the public and as a consolation to him for a wrong done. Compensation is here a solatium rather than a monetary recompense for harm measurable be money."
16 In Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44 at 60, Mason CJ and Deane, Dawson and Gaudron JJ said:
"Specific economic loss and exemplary or punitive damages aside, there are three purposes to be served by damages awarded for defamation. The three purposes no doubt overlap considerably in reality and ensure that 'the amount of a verdict is the product of a mixture of inextricable considerations': Uren v John Fairfax & Sons Pty Ltd (supra) per Windeyer J at 150. The three purposes are consolation for the personal distress and hurt caused to the appellant by the publication, reparation for the harm done to the appellant's personal and (if relevant) business reputation and vindication of the appellant's reputation. The first two purposes are frequently considered together and constitute consolation for the wrong done to the appellant. Vindication looks to the attitude of others to the appellant: the sum awarded must be at least the minimum necessary to signal to the public the vindication of the appellant's reputation. 'The gravity of the libel, the social standing of the parties and the availability of alternative remedies' are all relevant to assessing the quantum of damages necessary to vindicate the appellant: Fleming Law of Torts_,_ 8th ed (1992), page 595."
17 While in this case there are several publications, each of which is different to some degree, there is a clear and close connection between them. In Carson v John Fairfax & Sons Ltd (supra) there were two defamatory publications, published by the same author in different editions of the same newspaper. Mason CJ, Deane, Dawson and Gaudron JJ said (at 584):
"The effect of the defamatory publications was cumulative. The second compounded the harm to the appellant caused by the first: it renewed and expanded the hurt to his feelings; it exacerbated the damage to the reputation which he had hitherto enjoyed in legal, commercial and other circles."
18 In such circumstances, as their Honours remarked (at 585):
" ... it is permissible and sensible in a case where claims for closely related defamatory publications have been heard together for a jury, in determining what is the appropriate compensation to be awarded to the plaintiff in respect of each publication, to take account of the aggregate 'harm' suffered by the plaintiff by reason of both of them."
19 In the present case, I am satisfied that the defamatory publications are likely to have a very harmful effect upon the plaintiff's reputation and his standing as an academic. I also accept that the plaintiff has suffered a great deal of personal distress and anguish as a result of the publications and that they have caused him very considerable annoyance. It is likely that they will make it more difficult for him to obtain appropriate employment in the future. The damages award must compensate him in respect of those matters and be sufficient to signal to the public the vindication of his reputation.
20 I consider that the plaintiff is entitled to the sum of $70,000 in respect of compensatory damages.
21 The plaintiff also seeks exemplary damages. Exemplary damages are awarded where the defendant has been guilty of conscious, high-handed behaviour in contumelious disregard of the plaintiff's rights: Uren v John Fairfax & Sons (supra) at 138, 154; Todd v Swan Television and Radio Broadcasters Pty Ltd [2001] WASC 334 at [139]. The objects of exemplary damages are to punish the defendant and deter others from similar conduct. They also achieve the appeasement of the victim's sense of grievance: Cotogno v Lamb (No 3) (1986) 5 NSWLR 559 at 586.
22 In my view, this is an appropriate case for an award of exemplary damages. The conduct of the defendant can be attributed only to a conscious desire on his part to cause the plaintiff the maximum amount of damage, hurt and embarrassment by what amounts to a campaign of deliberately offensive vilification.
23 I would award an amount of $25,000 by way of exemplary damages.
# Cullen
White \[2003\] WASC 153
(1966) 117 CLR 118
(1993) 178 CLR 44
(1986) 5 NSWLR 559