Kelly v University of New South Wales [2022] NSWDC 392

Kelly v University of New South Wales [2022] NSWDC 392

The claim failed because there was no actionable publication of the First Matter Complained Of to Ms Khan; although the First Matter Complained Of conveyed the pleaded defamatory imputation when published to Ms Ramirez, that publication was protected by common law and statutory qualified privilege and was also within the defence of triviality. The Second Matter Complained Of did not convey the pleaded imputation of criminal assault, and in any event MSS established common law qualified privilege, statutory qualified privilege and triviality. The plaintiff did not allege malice.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Civil Defamation Proceedings / Principal Judgment After Hearing
Outcome
Judgment and verdict for the defendants; plaintiff to pay the defendants' costs.
Legal Topics
['publication' 'identification' 'defamatory Imputations' 'common Law Qualified Privilege' 'statutory Qualified Privilege' 'triviality']
['defamation'] ['publication' 'identification' 'defamatory Imputations' 'common Law Qualified Privilege' 'statutory Qualified Privilege' 'triviality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Defamation Proceedings / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the First Matter Complained Of was published to Ms Khan and Ms Ramirez and identified the plaintiff.' 'Whether the Second Matter Complained Of was published to Mr Natschev and identified the plaintiff.' 'Whether the First Matter Complained Of conveyed the pleaded defamatory imputation that the plaintiff had assaulted a female student on campus.' 'Whether the Second Matter Complained Of conveyed the pleaded defamatory imputation that the plaintiff had criminally assaulted a female student.' 'Whether the defendants established common law qualified privilege.' 'Whether the defendants established statutory qualified privilege under s 30 of the Defamation Act 2005 (NSW).' 'Whether the defendants established triviality under s 33 of the Defamation Act 2005 (NSW).']

Ratio Decidendi

The claim failed because there was no actionable publication of the First Matter Complained Of to Ms Khan; although the First Matter Complained Of conveyed the pleaded defamatory imputation when published to Ms Ramirez, that publication was protected by common law and statutory qualified privilege and was also within the defence of triviality. The Second Matter Complained Of did not convey the pleaded imputation of criminal assault, and in any event MSS established common law qualified privilege, statutory qualified privilege and triviality. The plaintiff did not allege malice.

Court Disposition

Judgment and verdict for the defendants; plaintiff to pay the defendants' costs.

Orders

  • ['That there be judgment and verdict for the defendants.' "That the plaintiff pay the defendants' costs."]