New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory qualified privilege

Legal area

Court

10 Apr 2019

CHIV v STUFF LTD [2019] NZHC 767

Citation

[2019] NZHC 767
Court

High Court

The application was refused because the impugned statements were not shown to be unarguably defamatory, the defendant's pleaded defences (honest opinion, statutory qualified privilege and public interest/responsible communication) had a real prospect of success, damages would be an adequate remedy, the applicant delayed and the proposed order was futile given amendment and prior widespread publication; overall justice favoured refusal and costs were awarded to the defendant.
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.