Kostov v Gibson [2018] NSWSC 428

Kostov v Gibson [2018] NSWSC 428

The proceedings were summarily dismissed because the matters complained of were judicial statements published in judgments, which attract absolute privilege under s 27 of the Defamation Act 2005 (NSW). The plaintiff's argument regarding mala fides could not displace the statutory defence, and thus no cause of action was available.

Parties
Plaintiff: Adriana Kostov; First Defendant: Judith Gibson; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Defamation / Summary Dismissal
Outcome
Proceedings dismissed with costs. Plaintiff's notice of motion dismissed.
Legal Topics
Absolute Privilege, Summary Dismissal, Judicial Immunity, Costs
Defamation Absolute Privilege Summary Dismissal Judicial Immunity Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Adriana Kostov

Plaintiff

Judith Gibson

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Defamation / Summary Dismissal

Legal Issues

  1. 1 Whether the proceedings should be summarily dismissed due to absolute privilege under s 27 of the Defamation Act 2005 (NSW) for publications in judgments
  2. 2 Whether mala fides (bad faith) alleged by the plaintiff can negate the absolute privilege
  3. 3 Whether the State is liable as employer or publisher of the alleged defamatory judgments

Ratio Decidendi

The proceedings were summarily dismissed because the matters complained of were judicial statements published in judgments, which attract absolute privilege under s 27 of the Defamation Act 2005 (NSW). The plaintiff's argument regarding mala fides could not displace the statutory defence, and thus no cause of action was available.

Court Disposition

Proceedings dismissed with costs. Plaintiff's notice of motion dismissed.

Orders

  • Pursuant to Uniform Civil Procedure Rule 13.4 the proceedings are dismissed.
  • The Plaintiff's Notice of Motion filed 29 March 2018 is dismissed.