New South Wales Country Press Co-operative Co Ltd v Stewart [1911] HCA 12

OF AUSTRALIA. 481

[HIGH COURT OF AUSTRALIA.)

SOUTH WALES COUNTRY PRESS CO-OPERATIVE CO. LTD. . é o DEFENDANTS,

} APPELLANTS ;

JORGE ANDREW STEWART. . . _Resrovnenr. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

ation—Principal and agent—Liability of company for slander uttered by H.C. or A. -agent—Agent employed for special purpose—Evidence—Admission by agent of 1911. liability of principal— Statement by agent as to his own antecedent acts. "~~

7" Bae ; _ SYDNEY, 'The plaintiff and the defendant company were rival traders engaged in 4715 19;

obtaining advertisements for insertion in country newspapers. D., a can- May 10.

Grisith C.J., Barton and O'Connor JJ.

neerning the plaintiff, and the contract he had entered into with B. S., n hearing of the slanders, interviewed B., and other persons to whom D. made similar statements concerning the plaintiff, and explained that D. said more than he had any authority to say, and that he had "bungled he matter." 'The plaintiff sued the defendant company for slander. D. was called as a witness.

Held, that there was no evidence that the uttering of the slanders was ithin the scope of D.'s authority and employment so as to render the

H.C. or A.

1911. "—

New Sour Wates CountTRY Press Co- OPERATIVE Co. Lrp. w Srewarr.

HIGH COURT

Decision of the Supreme Court, Stewart v. New South Wales Counti Co-operative Co. Ltd., 10 S.R. (N.S.W.), 747; 27 W.N. (N.S.W.

reversed.

AppgaL by the defendants from the decision of the Sup Court discharging a rule nisi to enter a nonsuit, or for a ne trial, in an action for slander, upon the ground that there v evidence that Dunn (who uttered the slander) was in the ser of the defendants at the time the slander was uttered, or that | was acting within the scope of any employment, and upon ground of the wrongful admission of evidence of conversati between Dunn and the persons he interviewed, and of conver tions between Shakespeare (the defendant's manager), and ce tain of the plaintiff's witnesses. -