Aktas v Westpac Banking Corporation Limited

Defamation – Defences - Qualified privilege - Common law - Respondent bank mistakenly dishonoured cheques of appellant and communicated dishonour to payees of cheques - Communication defamatory - Whether communication made on occasion of qualified privilege - Rationale for defence of qualified privilege - Whether reciprocity of interest between respondent bank and payees - Whether public interest in privilege attaching to occasion of such communication - Relevance of mistake leading to communication - Relevance of statutory obligations.

Words and phrases – "community of interest", "malice", "occasion of qualified privilege", "reciprocity of interest", "refer to drawer".

Cheques Act 1986 (Cth) – ss 67, 69.

Defamation Act 1974 (NSW) – s 11.

Property – Stock and Business Agents Act 1941 (NSW), s 36.