Howden v Truth and Sportsman Limited [1937] HCA 74

Howden v Truth and Sportsman Limited [1937] HCA 74

A plea of truth and public benefit cannot succeed as a defence where the alleged conviction central to the defamatory statement was quashed before publication; to allow otherwise would permit a misleading and unfair presentation of the plaintiff’s status and constitutes an abuse of the process of the court.

Parties
Appellant; Plaintiff: Allan Fraser Howden; Respondents; Defendants: Truth and Sportsman Limited and another
Jurisdiction
Australia
Procedural Posture
Civil Appeal / Appeal From the Supreme Court of New South Wales (full Court) to the High Court of Australia
Outcome
Appeal allowed.
Legal Topics
Pleadings, Strike Out Application, Plea of Truth and Public Benefit, Abuse of Process
Defamation Procedure Pleadings Strike Out Application Plea of Truth and Public Benefit Abuse of Process

Case Brief

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Parties

Allan Fraser Howden

Appellant; Plaintiff

Truth and Sportsman Limited and another

Respondents; Defendants

Procedural Posture

Civil Appeal / Appeal From the Supreme Court of New South Wales (full Court) to the High Court of Australia

Legal Issues

  1. 1 Whether a plea of truth and public benefit under sec. 7 of the Defamation Act 1912 (N.S.W.) can be maintained when the conviction referred to in a defamatory publication had been quashed before publication.
  2. 2 Whether such a plea constitutes an abuse of process that should be struck out.

Ratio Decidendi

A plea of truth and public benefit cannot succeed as a defence where the alleged conviction central to the defamatory statement was quashed before publication; to allow otherwise would permit a misleading and unfair presentation of the plaintiff’s status and constitutes an abuse of the process of the court.

Court Disposition

Appeal allowed.

Orders

  • Orders of Supreme Court dated 11th August 1937 and 31st March 1937 discharged.
  • Third and fourth pleas contained in amended issues struck out.