Controversial lawyer Rob Moodie was back in court today claiming the right to sue a former employee, fellow lawyer Elizabeth Strachan, for defamation, seeking up to $1.1 million.
The one-time Alice in Wonderland reincarnation has already had a confidential payout late last year from publishers APN over an article about him printed in the Listener in 2007.
Ms Strachan - involved earlier this year in an employment relations case with Dr Moodie - was a source of information for the magazine story, but not the writer.
When her former boss sued her separately, Ms Strachan issued a cross-claim against APN, contending that the publishers should be responsible to Dr Moodie on her behalf over the article.
She also applied to have his defamation claim struck out.
APN then sought to have Ms Strachan's cross-claim removed.
Bruce Gray QC appeared for APN and John Upston QC for Ms Strachan, while Dr Moodie represented himself in the High Court at Wellington today.
Justice John Wild heard their arguments on whether the two overlapping applications should be struck out.
The main issue was whether the publisher alone was responsible for the defamation in the Listener article or whether Ms Strachan was liable individually for her printed comments.
Mr Gray described Dr Moodie's pursuit of damages against Ms Strachan as "a second bite at the cherry" over the same published story.
When Mr Upton invited Dr Moodie to say what the APN settlement was, his request was declined.
Justice Wild: "Mr Moodie's response is a proper one."
As an experienced lawyer, Dr Moodie would have known what he was doing when he settled the case with the publishers, said Mr Upton.
"He left open the other course of action - suing Ms Strachan for around $1.1m."
Said Justice Wild: "He may well have claimed that but no jury or judge is going to give him that."
Dr Moodie argued that the "serious statements" in the magazine article were "not only professionally destructive but significantly personally destructive as well".
He was visibly upset as he told the court that the statements were "particularly damaging to any lawyer or any person".
APN had paid him some money "but that was not what was important. They made an apology in open court."
Justice Wild said he could see how Dr Moodie was "deeply hurt by the things people said about you".
Response: "I am not hurt, I am destroyed. Does Your Honour think I will ever trust another lawyer to represent me?"
Dr Moody became increasingly unhappy when the time allotted for today's hearing ran out before he had finished his oral submissions.
Despite the judge's offer to carry on through the lunch adjournment he sat down, saying: "I will leave it at that. These proceedings have been before this court since October 2007."
Justice Wild said there was no point in adjourning the case because he was fully booked for the rest of the year.
"Do you want to carry on or rest on your written submissions?" he asked.
Dr Moodie: "I just think there is no point, Your Honour."
Justice Wild reserved his ruling on the strike-out applications, saying he would deliver it in writing as soon as possible.
