High Court of Australia
Appl
Lids Wort
Cons Sus Refdto as & Dudzinskiy
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84 HIGH COURT
[HIGH COURT OF AUSTRALIA.]
THE HALL-GIBBS MERCANTILE )
APPELLANTS ; AGENOY LIMITED iy : PLAINTIFFS, AND DUN AND OTHERS 5 'A é . RESPONDENTS. : DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
H.C. or A, Defamation—Imputation by which a person is likely to be injured in his profession
1910. or trade—Slander of title—Lvidence—Defamation Law of Queensland 1889 (53 AS Vict., No. 12), secs. 4, 9, 46—Queensland Criminal Code 1899 (63 Vict., No. 9), BrIspANe, secs. 366, 370.
Sept. 29, 30.
By the Queensland Criminal Code 1899, sec. 366, any imputation concerning
Sypsry, any person by which he is likely to be injured in his profession or trade is Nov. 28. declared to be defamatory, and the matter of the imputation is called defama- : tory matter. By the Defamation Law of Queensland, 53 Vict., No. 12, sec. 2 Gaim Cl, 9, the unlawful publication of defamatory matter is declared to be an action- O'Connor JJ. 4
able wrong.
;
Held, (1) That the term ' imputation" includes the assertion or attribution of any act or condition, whether prima facie injurious to the reputation or not: (2) That an untrue statement that the plaintiffs had ceased to carry on business, and which was found by the jury to be likely to injure them in their business, was defamatory matter, and actionable without proof of actual damage.
Decision of the Full Court of Queensland : The Hall-Gibbs Mercantile Agency Ltd. v. Dun and Others, 1910 St. R. Qd., 333, reversed.
THIS was an appeal from the Supreme Court of Queensland reversing the decision of Cooper C.J., who presided at the trial in
eS
ill
12 C.L.R.] OF AUSTRALIA. 85,
an action for damages brought by the plaintiffs, who were a trade H. ©. or A. protection society, for the publication in a newspaper published by hess
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