The judgement arrives: Colin Craig cops another one in the chook

Colin Craig contemplating yet another loss

Regular readers will remember that we attended court on December the 6th last year to strike out Colin Craig’s vexatious claim of copyright?against us and Jordan Williams. The judgement has finally arrived and Judge Sharp has recorded all of her comments that were made at the time which we reported.

The judge summarises the history in the first nine pages before getting into the arguments. The judge found Craig’s argument that his poem was worth a lot of money to be “specious.” This can be found at the top highlighted in red on page ten. This was the start of what became a march against Colin Craig.

At paragraph 43 the Judge states ” There is no evidence before me of any sort that there is any value in this work or that either of the defendants derived any income at all from it, from publishing it.” She also stated that it was obvious to her ” that the plaintiff would fail at substantive trial in establishing that in fact, either of the defendants had monetarily profited from their publications of this work. ”

In paragraph 44 the judge states that ” the breach was so minimal?and the plaintiff so entirely lacking in evidence to substantiate?the monetary loss to him which could be compensated or put another way, the profit to the defendants, that the claim would not elicit any relief…”

In discussing the merits of summary judgement the judge at paragraph 47 agreed with Jordan William’s lawyer Ali Romanos’ submissions that Mr Craig had ” sought inappropriately to import other grievances that he has against Mr Williams which are matters that may bear on claims for breach of confidence or defamation but do not serve a claim for compensation and declaratory relief for alleged breach of copyright.” The judge then pronounced that ” This is a vexatious proceeding. It has been brought for a collateral purpose.”

In paragraph 48 the judge declares that ” It would be manifestly unfair to the first defendant or would otherwise bring the administration of justice into disrepute among right-thinking people to permit this proceeding to continue…”

In paragraph 49 the judge references the infamous ponytail case and says that ” this is a proceeding which involves a deception on the court. I do not consider the process of the court has been fairly or honestly used. It is being employed for an ulterior and improper purpose…” and ” it is manifestly groundless and without foundation.”

The judge continues in paragraph 51 saying” Even if the plaintiff succeeded in my view there would be no relief open to him from the court apart from perhaps from a declaration which would be a?pyrrhic?victory only for him and a complete waste of court time and public money.”

The judge continues in Par 52 ” This is a vexatious proceeding containing an element of impropriety


” I do not consider that this a proceeding brought in good faith. It is an abuse of process and I grant the first defendant’s application, the claim against the first defendant is struck out.” The judge added in paragraph 53 that ” This was and is a vexatious claim. It is an abuse of process.”

The matter regarding costs is still to be determined but the judge added an addendum regarding the poem and where the poem came from which was an 11-page letter sent to Rachel MacGregor. Colin Craig was trying to claim that the poem was a stand alone piece but the judge stipulated that it was part of the 11-page letter and not a stand alone original work. She then said in paragraph 58 that she fails ” to see that the one poem which was published could be said to be a substantial part of that literary work; therefore by law, there could not be any infringement of copyright.”

Colin Craig was comprehensively rinsed by this judge, who used legal and layman’s terms to show that Colin Craig was pursuing this particular legal action for no other reason than to vex the defendants financially and mentally. Costs are not yet determined but we have sought indemnity costs which exceed $30,000. That is how much it costs to defend against litigants like this. It is very expensive and he knows that which is why he does it. He is using his wealth and position to bully people. I stand up to bullies but in doing so it has a cost.

This judgement clearly shows the measure of Colin Craig. He is vexatious, deceptive, has ulterior motives and uses the courts to abuse process. This is the man that Martyn Bradbury supports. This is the man that Bob McCoskrie defends and obfuscates for on the stand under oath. This is the man whose so-called Christian supporters stand behind.

The full judgement is available below for you to cross reference.


Oral Judgment of District Court Judge M-E Sharp by Cam Slater on Scribd