KOSOVICH V. ANDREYEVICH

The privilege was exceeded as the statements departed from matters of common interest and became general abuse. Thus, the occasion was not privileged, and the appeal was dismissed.

Parties: Plaintiff: Kosovich; Defendant: Andreyevich
Jurisdiction: Australia
Judgment Date: 23 April 1947
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: Qualified Privilege, Libel, Common Interest

Defamation Qualified Privilege Libel Common Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Kosovich

Plaintiff

Andreyevich

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the statements complained of were covered by qualified privilege
2 Whether the occasion of publication was privileged

Ratio Decidendi

The privilege was exceeded as the statements departed from matters of common interest and became general abuse. Thus, the occasion was not privileged, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs