Smith's Newspapers Limited v Becker [1932] HCA 39

e " \ 4. Ne wide Peodgerv We hype - ia ting Life (Chelan Tiege Gle atae SEU AG, GP

Australia Lid (1992) H edt) 106 FE TRS

47 C.L.R.] OF AUSTRALIA. 279:

(HIGH COURT OF AUSTRALIA.]

SMITH'S NEWSPAPERS LIMITED AND ) 5 APPELLANTS ;-

ANOTHER Bion aen Gea a DEFENDANTS, AND BECKER ZA 7 Le _ é f . ReEsponpeEnt. Prarntirr,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

Dejamation—Libel—Plaintiff qualified to practise medicine in Germany—Not H.C. or A. registered as medical practitioner in South Australia—Plaintiff holding himself 1932, out as medical practitioner—Contravention of Medical Practitioners Act 1919 = ~~ (S.4,)—Libel affecting plaintiff as to private character as well 43 to vocation— MELBOURNE, Privilege—Fair comment—Damages—Trial ty Judge without jury—Excessive aah ag 18, damayes—Medical Practitioners Act 1919 (S.A.) (No. 1372), sec. 35. dais

Sypyey, Aug. 15.

'The plaintiff, who was a Doctor of Medicine of a German University, brought an action for libel against the proprietor and the printer of a newspaper. 'The plaintiff had attempted to register himself as a medical practitioner under Bich, oe the Medical Practitioners Act 1919 (S.A.), but was refused registration, He, and MéTieman nevertheless, practised medicine in South Australia ; and, in contravention of 7 see. 35 of the Medical Practitioners Act, held himself out as qualified to practise.

The published matter of which the plaintiff complained in substance described him as a person with a disereditable past, who treated patients in an incom. petent manner and with a reckless indifference to the dangerous character of a particular drug he prescribed, and whose treatment had in some instances brought about the death of the patient. The action was tried in South Australia by a Judge without a jury. The Judge held that the libel complained of affected the plaintiff not only in his character as a German physician and surgeon but in his private character also, and awarded him £5,000 damages.