- 10 A
B
A
19.
I note Bleyer was ultimately decided on the issue of
B
proportionality, ie whether the case is worth running given the potential
C
D
costs and outcome, or to put it in another way, whether the game is worth
the candle.9 McCallum J accepted it was not necessary to refer to English
C
D
law to determine whether there was an abuse of process, and she was
E
F
satisfied there was sufficient disproportionality of the type contended (ie
between the resources required to determine a claim and the interest at
E
F
stake) that could on rare occasions amount to an abuse of process, and
G
H
thereby lead to a stay or dismissal of the action. However, the learned
judge accepted the value of interest could include considerations other
G
H
than monetary value, eg vindication of reputation.
I
J
I
20.
But McCallum J’s conclusion in Bleyer that the legal costs
J
and court resources required to determine the claim would be “out of all
K
L
proportion” to the interest at stake was necessarily informed by the
absence of any inference of wider publication in that case, which is to be
K
L
contrasted with the discussions in the Decision on inference as to
M
N
publication in the present context. In any event, in the Decision I have
also considered the balance of interests between the scale of publication
M
N
and the vindication of reputation, and between freedom of speech, press
O
P
and publication and respect for rights/reputations of others before coming
to the view that Yeung has put forward a good arguable case. In the
O
P
circumstances, I do not agree with Mr McCoy SC that the conclusion in
Q
Bleyer based on its own circumstances obviously changes the scene.
R
R
21.
S
T
Q
But that said, I bear in mind the novelty of the arguments on
Jameel abuse of process and on staying/dismissing proceedings on the
9
see Jameel (Yousef)
S
T
U
U
V
V
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات