Lloyd-Jones v Allen [2012] NSWCA 230

Lloyd-Jones v Allen [2012] NSWCA 230

The trial judge erred by rejecting the defence of truth to imputations (a) and (c) without analysing or resolving the competing evidence about the respondent's telephone conversation with Mrs Campbell, because those imputations concerned the telephone conversation rather than the later meeting. The statements relied on for fair comment and honest opinion were statements of fact, not comment or opinion, so those defences failed. Publication to the Committee was on an occasion of common law qualified privilege because the appellant and Committee members had reciprocal interests in communications concerning assistance and support for the Campbells, and the defamatory passage was relevant to...

Jurisdiction
Australia
Judgment Date
01 August 2012
Procedural Posture
Defamation; Application for Leave to Appeal From District Court Judgment / Court of Appeal; Hearing Proceeded as If on Appeal
Outcome
Leave to appeal granted; appeal allowed in part; District Court orders set aside; matter remitted for limited determination; each party to bear own appeal costs.
Legal Topics
['defence of Truth' 'common Law Qualified Privilege' 'fair Comment' 'honest Opinion' 'malice' 'damages' 'new Trial on Limited Issues']
['defamation' 'civil Procedure'] ['defence of Truth' 'common Law Qualified Privilege' 'fair Comment' 'honest Opinion' 'malice' 'damages' 'new Trial on Limited Issues']

Case Brief

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Procedural Posture

Defamation; Application for Leave to Appeal From District Court Judgment / Court of Appeal; Hearing Proceeded as If on Appeal

Legal Issues

  1. 1 ["Whether the trial judge erred in rejecting the defence of truth to imputations concerning the respondent's conduct during a telephone conversation." 'Whether the relevant statements were statements of fact or comment/opinion for the purposes of fair comment and honest opinion.' 'Whether publication to the Committee for Reconciliation and Justice, The Sydney Morning Herald and Four Corners occurred on occasions of common law qualified privilege.' 'Whether the appellant was actuated by malice so as to defeat qualified privilege.' 'Whether the award of damages should be set aside and the matter remitted.']

Ratio Decidendi

The trial judge erred by rejecting the defence of truth to imputations (a) and (c) without analysing or resolving the competing evidence about the respondent's telephone conversation with Mrs Campbell, because those imputations concerned the telephone conversation rather than the later meeting. The statements relied on for fair comment and honest opinion were statements of fact, not comment or opinion, so those defences failed. Publication to the Committee was on an occasion of common law qualified privilege because the appellant and Committee members had reciprocal interests in communications concerning assistance and support for the Campbells, and the defamatory passage was relevant to...

Court Disposition

Leave to appeal granted; appeal allowed in part; District Court orders set aside; matter remitted for limited determination; each party to bear own appeal costs.

Orders

  • ['Grant leave to appeal.' 'Direct the appellant to file the notice of appeal in the form of the draft in the White Book within seven days of judgment.' 'Appeal allowed in part.' 'Orders (1) and (2) made by Colefax DCJ on 9 May 2011 be set aside.' 'Remit the matter to the District Court for the determination of: (i)...