Pollack v Waterhouse & Anor [1999] NSWSC 1053

Pollack v Waterhouse & Anor [1999] NSWSC 1053

At common law and under statute, absolute privilege attaches to publications made in the course of the TRB inquiry, as the Board operates under legislative authority, addresses matters of public concern, and adopts procedures akin to a court; thus, counts in defamation relating to publication to the Board are immune. However, publication by the first defendant to the second defendant (outside the Board) does not attract absolute privilege.

Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Civil / Interlocutory Judgment on Privilege, Strike Out, and Transfer
Outcome
Substantive counts of abuse of process and conspiracy, claims for punitive damages, and claims against the second defendant struck out; proceedings transferred.
Legal Topics
['absolute Privilege' 'quasi Judicial Tribunals' 'horse Racing Regulation' 'abuse of Process' 'conspiracy' 'publication in Defamation']
['defamation' 'torts' 'administrative Law' 'statutory Interpretation'] ['absolute Privilege' 'quasi Judicial Tribunals' 'horse Racing Regulation' 'abuse of Process' 'conspiracy' 'publication in Defamation']

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 / Interlocutory Judgment on Privilege, Strike Out, and Transfer

Legal Issues

  1. 1 ['Whether publications to the Thoroughbred Racing Board and its officers attract absolute privilege' "Whether TRB constitutes a tribunal 'recognised by law' acting in a manner similar to a court" 'Whether particulars of publications and imputations are capable of arising in defamation' 'Whether claims for abuse of process and conspiracy are maintainable' 'Whether the proceedings ought to be transferred']

Ratio Decidendi

At common law and under statute, absolute privilege attaches to publications made in the course of the TRB inquiry, as the Board operates under legislative authority, addresses matters of public concern, and adopts procedures akin to a court; thus, counts in defamation relating to publication to the Board are immune. However, publication by the first defendant to the second defendant (outside the Board) does not attract absolute privilege.

Court Disposition

Substantive counts of abuse of process and conspiracy, claims for punitive damages, and claims against the second defendant struck out; proceedings transferred.

Orders

  • ['Imputations 2(a), (c), (e), 4(a), (c), 6(a), (c), 7(a), (c), 8(a), (c) are capable of arising and will go to the jury.' 'Imputations 2(b), 4(b), 6(b), 8(b) struck out.' 'Particulars of publication in paragraph 2(a)-(d) struck out.' 'Paragraphs 5-11 struck out.' 'Claim for punitive damages struck out.' "Plaintiff's...