Defamation – Defences - Common law defence of qualified privilege - Matter published conveying imputation defamatory of appellant in subscription publication - Where matter involved report of judicial proceedings - Where no claim for qualified privilege made under Defamation Act 1974 (NSW) - Whether qualified privilege available as a defence - Whether matter published on occasion of qualified privilege - Publication for reward - Publication of matter concerning occupational health and safety - Publication to subscribers - Subscribers professionally concerned with matters of occupational health and safety - Whether reciprocity of duty or interest - Whether defamatory matter sufficiently connected to the privileged occasion - Whether absence of availability of defence of fair and accurate report of judicial proceedings precludes availability of defence of qualified privilege.
Defamation Act 1912 (NSW) – s 29(1)(d), (e).
Defamation Act 1958 (NSW).
Defamation Act 1974 (NSW) – ss 11, 22, 24.
Judgment date
Case number
S393/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords