Macintosh v Dun [1908] UKPCHCA 3

Macintosh v Dun [1908] UKPCHCA 3

The occasion was not privileged as the defendants acted from motives of self-interest and not from a bona fide sense of duty or in the general interest of society; trade protection reports for profit do not attract qualified privilege under English law.

Parties
Appellant: Macintosh and another; Respondent: Dun and others
Jurisdiction
Australia
Judgment Date
03 June 1908
Procedural Posture
Appeal / Appeal From the High Court of Australia
Outcome
appeal allowed; decision of High Court reversed
Legal Topics
Privileged Occasion, Malice, Trade Protection Reports, Communication to Subscribers, Libel
Defamation Privileged Occasion Malice Trade Protection Reports Communication to Subscribers Libel

Case Brief

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Parties

Macintosh and another

Appellant

Dun and others

Respondent

Procedural Posture

Appeal / Appeal From the High Court of Australia

Legal Issues

  1. 1 Whether the occasion on which the libels were published was a privileged occasion
  2. 2 Whether a trade protection agency’s communication is protected by privilege when made from motives of self-interest

Ratio Decidendi

The occasion was not privileged as the defendants acted from motives of self-interest and not from a bona fide sense of duty or in the general interest of society; trade protection reports for profit do not attract qualified privilege under English law.

Court Disposition

appeal allowed; decision of High Court reversed

Orders

  • Orders appealed from discharged
  • Judgments of the Full Court reversed with costs in both Courts, including costs of cross-appeals