Schlaepfer v ASIC [2019] NSWSC 1644

Schlaepfer v ASIC [2019] NSWSC 1644

The oral statements by Mr Yanco did not identify Mr Schlaepfer, nor convey the pleaded defamatory imputations or representations; and even if conveyed, common law and statutory qualified privilege defences were established. The plaintiffs did not prove malice or actual damage for injurious falsehood; truth of manipulative conduct by Select Vantage was established, but not by Mr Schlaepfer personally.

Jurisdiction
Australia
Judgment Date
26 November 2019
Procedural Posture
Civil Defamation/ Injurious Falsehood / Judgment After Trial
Outcome
Judgment for the defendants
Legal Topics
['qualified Privilege (common Law and Statutory)' 'justification' 'market Manipulation' 'injurious Falsehood']
['defamation' 'tort' 'corporations Law' 'market Regulation'] ['qualified Privilege (common Law and Statutory)' 'justification' 'market Manipulation' 'injurious Falsehood']

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Procedural Posture

Civil Defamation/ Injurious Falsehood / Judgment After Trial

Legal Issues

  1. 1 ['Whether oral communications made by ASIC officer to stockbrokers conveyed defamatory imputations' 'Whether plaintiffs were identified by the communications' 'Whether defences of justification and qualified privilege were established' 'Elements and proof of injurious falsehood including malice and damage']

Ratio Decidendi

The oral statements by Mr Yanco did not identify Mr Schlaepfer, nor convey the pleaded defamatory imputations or representations; and even if conveyed, common law and statutory qualified privilege defences were established. The plaintiffs did not prove malice or actual damage for injurious falsehood; truth of manipulative conduct by Select Vantage was established, but not by Mr Schlaepfer personally.

Court Disposition

Judgment for the defendants

Orders

  • ["Plaintiffs' action dismissed" "Plaintiffs to pay defendants' costs"]