Loveday v Sun Newspapers Limited [1938] HCA 28

Loveday v Sun Newspapers Limited [1938] HCA 28

Where the plaintiff authorized the sending of a letter attacking the municipal council to a newspaper, both the person attacked (the town clerk) and the newspaper in publishing a relevant reply were acting on an occasion of qualified privilege. No evidence of malice was present to rebut this privilege. Judgment of nonsuit was rightly entered against both defendants on those facts.

Parties
Appellant: Frederick Loveday; Respondent: Sun Newspapers Ltd.; Respondent: Edgar Jay
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal dismissed
Legal Topics
Libel, Qualified Privilege, Malice, Publication in the Press, Reply to Attack
Defamation Libel Qualified Privilege Malice Publication in the Press Reply to Attack

Case Brief

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Parties

Frederick Loveday

Appellant

Sun Newspapers Ltd.

Respondent

Edgar Jay

Respondent

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether the occasion of publication was one of qualified privilege for both defendants.
  2. 2 Whether there was any evidence of malice to be left to the jury.
  3. 3 Whether the plaintiff authorized the sending of the initial letter to the newspaper.

Ratio Decidendi

Where the plaintiff authorized the sending of a letter attacking the municipal council to a newspaper, both the person attacked (the town clerk) and the newspaper in publishing a relevant reply were acting on an occasion of qualified privilege. No evidence of malice was present to rebut this privilege. Judgment of nonsuit was rightly entered against both defendants on those facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs