MAYAS PTY LTD (t/as MOREE CHAMPION) v RODNEY CAVALIER [1989] NSWCA 141

MAYAS PTY LTD (t/as MOREE CHAMPION) v RODNEY CAVALIER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE JJA and Hope AJA 17-18 August 1989, 27 September 1989

[1989] NSWCA 141

DEFAMATION — trial judge holds words complained of capable of bearing defamatory imputation alleged by plaintiff — leaves to jury question whether the words did bear the imputation — jury find for plaintiff — question on appeal whether words were capable of bearing the alleged imputation — Farquhar v Bottom [1980] 2 NSWLR 380 and Jones v Skelton 1963 SR 644 referred to — appeal upheld.

Priestley, Clarke JJA and Hope AJA On p17 of the Moree Champion of 14 February 1985 the following letter to the Editor was printed:

"Sir, The appointment last year of Rodney Cavalier as Minister of Education, represented the nadir into which the NSW Labour Party had descended in filling cabinet positions.

With Mr Wran's desire to balance left and right factions, and also to ensure that no man of stature was in a position to challenge his waning leadership, the need to fill the position with the best available talent took a back seat, if indeed it was ever a consideration.

With his commission the policy of the Labour Party to force State children into private schools became immediately apparent.

Mr Cavalier's threat to dismiss incompetent teachers at a time when his own brand of child molestation and teacher bashing has reached endemic proportions was ludicrous, coming from a Minister whose toadying to the bureaucrats in the Education Department has achieved lap dog proportions.

Promotions based on exemplary paper work and toeing the departmental line 20 years ago are no substitute for a genuine commitment to the principles of public education today. One only has to read between the cliches and banalities of the Swan-Mackinnon and Rural reports to realise how far these air conditioned and ivory tower moguls are removed from the real World of today's classroom.