5 Aug 2016
LUPTON v FAIRFAX NEW ZEALAND LIMITED [2016] NZHC 1801
- Citation
- [2016] NZHC 1801
- Court
- High Court
The Court held the Deputy Commissioner's letter was not an HDC "report" within s65(5) and therefore statutory qualified privilege did not apply; the common law qualified privilege defence was also struck out because the subject-matter (a private and unusual clinical consultation and outcome) was not a matter of genuine public interest sufficient to justify the extent of publication, so no reasonable prospect existed that that defence could succeed at trial. Costs awarded to plaintiff on scale 2B plus disbursements.