Bass v McDonald & TCN Channel Nine Pty Ltd (No.7) [2001] NSWSC 1026

Bass v McDonald & TCN Channel Nine Pty Ltd (No.7) [2001] NSWSC 1026

Section 16(2) of the Defamation Act 1889 (Queensland) is inapplicable to a defence under s16(1)(g) where the riposte of a third party is the relevant publication; consequently, lack of good faith is not legally available as an answer to the statutory defence in such circumstances.

Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Defamation / Trial Judgment on Statutory Defence Under Queensland and Tasmanian Legislation
Outcome
Ruling in favour of the defendant on the statutory defence; element of good faith assumed; whether the defence is made out is a matter for the judge.
Legal Topics
['qualified Protection' 'statutory Defence' 'good Faith' 'riposte' 'defamation Legislation']
['defamation'] ['qualified Protection' 'statutory Defence' 'good Faith' 'riposte' 'defamation Legislation']

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Procedural Posture

Defamation / Trial Judgment on Statutory Defence Under Queensland and Tasmanian Legislation

Legal Issues

  1. 1 ['Whether lack of good faith is an available reply to the statutory defence of qualified protection in the case of publication of a riposte by a third party under Defamation Act 1889 (Queensland) s16(1)(g)']

Ratio Decidendi

Section 16(2) of the Defamation Act 1889 (Queensland) is inapplicable to a defence under s16(1)(g) where the riposte of a third party is the relevant publication; consequently, lack of good faith is not legally available as an answer to the statutory defence in such circumstances.

Court Disposition

Ruling in favour of the defendant on the statutory defence; element of good faith assumed; whether the defence is made out is a matter for the judge.

Orders

  • ['Section 16(2) of the Defamation Act 1889 (Queensland) is inapplicable to a defence under s16(1)(g) where the riposte of a third party is the relevant publication.']