Bass v McDonald & TCN Channel Nine Pty Ltd (No.8) [2001] NSWSC 1033

Procedural Posture

Defamation / Judgment on Defences of Qualified Privilege at Common Law and Statutory Qualified Protection After Jury Findings

Legal Issues

1. 1 ["Whether the publication of Thomas McDonald's statements in the 60 Minutes programme was protected by qualified privilege at common law as a riposte to the plaintiff's attack on the union" 'Whether TCN Channel Nine Pty Ltd was disentitled to qualified privilege because it created or instigated the occasion by procuring the attack and the response' "Whether the statements selected from Thomas McDonald's recorded interview were made in response to the plaintiff's attack" 'Whether statutory qualified protection under s16(1)(g) of the Queensland legislation was made out']

Ratio Decidendi

The plaintiff authorised and enthusiastically participated in the publication of an attack on the union, so the fact that the second defendant sought out or helped create the occasion did not defeat qualified privilege. The broadcast accurately summarised the plaintiff's allegations of victimisation and a black ban. Mr McDonald's statement that the plaintiff was a shonky operator who owed workers money was made in response to the substance of the plaintiff's attack, and his more general statement that the union made no apology to employers who did not meet legal obligations to members was impliedly authorised for use as a riposte to similar complaints, including the plaintiff's. The...

Court Disposition

The defence of qualified privilege at common law was made out; statutory qualified protection under s16(1)(g) of the Queensland legislation was also held to be made out although unnecessary to decide.

Orders

• ['The parties should bring in short minutes of order.' 'Submissions in relation to costs will be heard on that occasion, if not agreed.']