KOSOVICH V. ANDREYEVICH

0.12280/45

H, B, Daw, Gov, Print., Melb.

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IN THE HIGH COURT OF AUSTRALIA )

) NEW SOUTH WALES REGISTRY )

KOSOVICH v, ANDREYBVICH 23rd April 1947. JUDGMENT s LATHAM C.J: The decision of this appeal depends upon a determination in relation to the defence of qualified privilege in an action of libel. Qualified privilege has seldom been successfully

claimed for a publication in a newspaper, but a wide publication

is sometimes protected by qualified privilege as in the case of

this case it is put that the circumstances of the publication

were very exceptional and we are reminded that it has been said, not only in this Court in the case of Howe v. Lees (11 C.L.R.361) 5 | but also in the House of Lords in London Association for the | Protection of Trade v. Greenlands Ltd. (1916 2 A.C.15) -,

that there is no exhaustive classification or catalogue of cases in which the defence of qualified privilege is available. The

exceptional circumstances, which are relied upon here, are, first,

that the publication was made in a paper circulated, so far as , the evidence goes, only among Yugoslavs in Australia and

printed in the Croation language, which is generally not understood in Australia. Therefore although it was circulated to some thousands of subscribers, yet the circulation was limited to

people of a particular nationality who had a particular interest

in Yugoslavia. :

Further, it is put in this case that the case is exceptional in that the defendant was not only a member of the Yugoslav community in Australia, but also a leader in several Yugoslav organisations. It is therefore submitted that the members of the community and the defendant had a common interest in the subject-matter of the statements made by the defendant