Mowlds v Fergusson [1940] HCA 38

Mowlds v Fergusson [1940] HCA 38

The publication of the defamatory report by the respondent to the former Commissioner of Police was on an occasion of qualified privilege, as both had a continuing social and moral interest and duty arising from their prior relationship and the public controversy over the conduct under inquiry. The jury found no express malice, so privilege was not destroyed.

Parties
Appellant: William George Mowlds; Respondent: George Fergusson
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Libel, Qualified Privilege, Police Reports
Defamation Libel Qualified Privilege Police Reports

Case Brief

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Parties

William George Mowlds

Appellant

George Fergusson

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether publication of a defamatory police report to a former superior officer was on an occasion of qualified privilege
  2. 2 Whether express malice destroyed the privilege
  3. 3 Whether evidence was wrongly admitted at trial

Ratio Decidendi

The publication of the defamatory report by the respondent to the former Commissioner of Police was on an occasion of qualified privilege, as both had a continuing social and moral interest and duty arising from their prior relationship and the public controversy over the conduct under inquiry. The jury found no express malice, so privilege was not destroyed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.