Palmer & Anor v Belan & Anor [1999] NSWSC 187

Palmer & Anor v Belan & Anor [1999] NSWSC 187

The publications made by the defendants were defamatory and conveyed imputations of theft, misappropriation and cover-up against the plaintiffs; though published on an occasion of qualified privilege at common law, the privilege was defeated by malice, as the defendants did not honestly believe the truth of the defamatory statements. Statutory qualified privilege and comment defences failed, as the statements were not based on proper material and were published without reasonable care or belief in their truth. Damages were awarded to reflect the harm, aggravated by malice.

Jurisdiction
Australia
Judgment Date
12 March 1999
Procedural Posture
Defamation / Judgment
Outcome
Verdict for plaintiffs in all actions with damages and costs awarded.
Legal Topics
['qualified Privilege' 'reply to Attack' 'malice' 'comment']
['defamation' 'employment' 'union Law'] ['qualified Privilege' 'reply to Attack' 'malice' 'comment']

Case Brief

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Procedural Posture

Defamation / Judgment

Legal Issues

  1. 1 ['Whether the publications were defamatory of the plaintiffs' 'Whether the publications gave rise to the pleaded imputations' 'Whether either common law or statutory qualified privilege applied' 'Whether comment defence was available' 'Whether the publications were actuated by malice' 'Assessment of damages']

Ratio Decidendi

The publications made by the defendants were defamatory and conveyed imputations of theft, misappropriation and cover-up against the plaintiffs; though published on an occasion of qualified privilege at common law, the privilege was defeated by malice, as the defendants did not honestly believe the truth of the defamatory statements. Statutory qualified privilege and comment defences failed, as the statements were not based on proper material and were published without reasonable care or belief in their truth. Damages were awarded to reflect the harm, aggravated by malice.

Court Disposition

Verdict for plaintiffs in all actions with damages and costs awarded.

Orders

  • ['Denis Boner v Frank Belan and Arthur Benjamin Casey: verdict for plaintiff against both defendants, jointly and severally, in the sum of $75,000 plus costs.' 'Edward Palmer v Arthur Benjamin Casey and Frank Belan: verdict for plaintiff against both defendants, jointly and severally, in the sum of $65,000 plus...