SHALOUB v BUCHANAN [2003] NSWSC 681

SHALOUB v BUCHANAN [2003] NSWSC 681

It is not appropriate to determine the immunity defence as a separate preliminary issue in the absence of relevant factual findings; the legal and factual matters to underpin the defence must be established at trial.

Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Defamation – Slander / Interlocutory Application to Order a Separate Trial on the 'immunity' Defence
Outcome
Defendant's notice of motion for a separate trial is dismissed with costs.
Legal Topics
['slander' 'immunity Defence' 'scr Pt 31 R 2' 'local Government Act 1919 S583']
['defamation'] ['slander' 'immunity Defence' 'scr Pt 31 R 2' 'local Government Act 1919 S583']

Case Brief

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Procedural Posture

Defamation – Slander / Interlocutory Application to Order a Separate Trial on the 'immunity' Defence

Legal Issues

  1. 1 ['Whether the defendant, a councillor, is entitled to immunity from defamation liability under s583 Local Government Act 1919 for statements made during council proceedings' "Whether a separate trial should be ordered to determine the 'immunity' defence pursuant to SCR Pt 31 r 2"]

Ratio Decidendi

It is not appropriate to determine the immunity defence as a separate preliminary issue in the absence of relevant factual findings; the legal and factual matters to underpin the defence must be established at trial.

Court Disposition

Defendant's notice of motion for a separate trial is dismissed with costs.

Orders

  • ['I decline to order a separate trial pursuant to SCR Pt 31 r 2.' "The defendant's notice of motion is dismissed with costs." "The matter is placed in the Registrar's Defamation Directions List on 22 August 2003."]