McGlade v Lightfoot [2002] FCA 752

FEDERAL COURT OF AUSTRALIA

McGlade v Lightfoot [2002] FCA 752

PRACTICE AND PROCEDURE – RACIAL DISCRIMINATION – motion for summary dismissal of application on ground that no reasonable cause of action was disclosed –statements made by respondent to journalist during an interview in a parliamentary office – statements published in newspaper article under that journalist's byline – statements re-published in another newspaper attributing the source as being the first article – whether reasonably arguable that respondent made those statements "otherwise than in private" – whether reasonably arguable that act was to be "taken not to be done in private" by reason that it caused words to be communicated to the public – whether it was sufficiently clear that there was no real question to be tried – strike-out motion dismissed. Racial Discrimination Act 1975 (Cth), s 18C

Burton v Shire of Bairnsdale (1908) 7 CLR 76 followed O'Sullivan v Truth & Sportsman Limited (1957) 96 CLR 220 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 followed Webster v Lampard (1993) 177 CLR 598 followed March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 referred to Alphacell Ltd v Woodward [1972] AC 824 referred to HANNAH McGLADE v SENATOR ROSS LIGHTFOOT W568 of 2001 CARR J 13 JUNE 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W568 OF 2001

BETWEEN: HANNAH McGLADE

Applicant

AND: SENATOR ROSS LIGHTFOOT

Respondent

JUDGE: CARR J

DATE OF ORDER: 13 JUNE 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's motion dated 14 May 2002 be dismissed. 2. The respondent pay the applicant's costs of that motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.