STATE OF NEW SOUTH WALES v DEREN and ANOR [1998] NSWCA 215

STATE OF NEW SOUTH WALES v DEREN SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

COLE JA 6 April 1998

[1998] NSWCA 215

Cole JA I have before me two notices of motion. The first is filed on behalf of the State of New South Wales, which is the appellant in these proceedings, and seeks an unconditional stay pending the determination of the appeal. The second is brought by the respondents to the appeal, Mr and Mrs Deren, who seek that the appeal be expedited. The State of New South Wales is supporting the application by Mr and Mrs Deren that the matter be expedited.

The circumstances of this appeal relate to judgments given by Abadee J consequent upon a jury trial in which there was awarded to Mrs Deren the sum of $450,000 and to Mr Deren the sum of $350,000 arising from defamations which were held to flow from information provided by police officers subsequent to the charging of Mr and Mrs Deren with various charges associated with alleged assaults on young children, those assaults being said to be of a sexual nature and arrangements, if I can put it that way, in relation to the assaults.

The allegations that are said to give rise to the defamations occurred in 1988. There was a charge or charges against Mr and Mrs Deren which were the subject of some magisterial inquiry in 1989 and they were not sent to trial in relation to those charges.

The writ in defamation was issued in 1990. I am told that the defences were filed in 1991. There was then some inquiry by a police officer, which may be taken to be a reason for the delay in the further progression of the matter, and there was subsequently an inquiry by Wood J in which I am told some of these matters the subject of the allegations grounding the defamation were investigated.

In those circumstances it cannot be said that there has been any unreasonable delay in the progression of the hearing of the defamation proceedings. notwithstanding that they did not come on until 1998.