Lassanah v State of New South Wales [2009] NSWDC 73

Lassanah v State of New South Wales [2009] NSWDC 73

The court held that, following Mann v O'Neill (1997) 191 CLR 204, statements to police or prosecuting authorities are protected by only a qualified privilege and not absolute privilege; therefore, the defence of absolute privilege was not available to the defendant, and summary judgment was refused.

Jurisdiction
Australia
Judgment Date
24 April 2009
Procedural Posture
Civil / Summary Judgment Application
Outcome
First defendant's summary judgment motion dismissed
Legal Topics
['absolute Privilege' 'qualified Privilege' 'publication by Police' 'summary Judgment' 'wrongful Arrest' 'false Imprisonment']
['tort' 'defamation'] ['absolute Privilege' 'qualified Privilege' 'publication by Police' 'summary Judgment' 'wrongful Arrest' 'false Imprisonment']

Case Brief

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Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 ['Whether statements made by police officers to the plaintiffs, accused of intending to steal, are protected by absolute privilege in defamation proceedings' 'Whether statements to prosecuting authorities or in the course of investigation should attract absolute or qualified privilege' 'Whether current law in Australia should depart from High Court authority limiting absolute privilege']

Ratio Decidendi

The court held that, following Mann v O'Neill (1997) 191 CLR 204, statements to police or prosecuting authorities are protected by only a qualified privilege and not absolute privilege; therefore, the defence of absolute privilege was not available to the defendant, and summary judgment was refused.

Court Disposition

First defendant's summary judgment motion dismissed

Orders

  • ["First defendant's notice of motion for summary judgment dismissed." "Costs to be plaintiffs' costs in the cause." 'The parties have leave to bring in Short Minutes of Order for a timetable for these proceedings.']