Foley v Radford [2008] NSWDC 167

New South Wales District Court

CITATION: Foley v Radford [2008] NSWDC 167

HEARING DATE(S): 7 - 9 April, 11 April and 14 April 2008 EX TEMPORE JUDGMENT DATE : 14 April 2008

JURISDICTION: Civil

JUDGMENT OF: Donovan QC DCJ

(1) Judgment for the plaintiff for the sum of $90,000 plus interest ($4,950) making a total of $94,950. DECISION: (2) Defendant pay plaintiff's costs of the proceedings. (3) The defendant, his servants or agents be restrained from publishing or further publishing or permitting or causing to be published against the plaintiff the words appearing in the documents containing all the matters complained of and which are annexed to the plaintiff's statement of claim filed on 10 February 2004 in proceedings 636 of 2004 or any words to like effect.

CATCHWORDS: TORT - defamation - publications include letters to Chief Magistrate and President of the Law Society - whether defence of absolute privilege available - justification - defence of justification struck out as hopeless - damages - aggravated compensatory damages - defendant consents to a continuing restraint against further publication of the matters or publications not dissimilar therefrom

Defamation Act 1974 (NSW), ss 7A, 17F, 17J and 46A LEGISLATION CITED: Legal Aid Commission Act 1979 (NSW) Legal Profession Act 1987 (NSW), Pt 10 Legal Services Commission Act 1979 (NSW)

Austin v Mirror Newspapers Ltd [1986] AC 299 Bishop Zaia v Chibo [2005] NSWSC 917 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Cassell & Co Ltd v Broome [1972] AC 1027 CASES CITED: Crampton v Nugawela (1996) 41 NSWLR 176 McMullen v TCN Channel Nine Pty Ltd (2001) Aust Torts Reports 81-584 Rajski v Carson (1988) 15 NSWLR 84 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 State of New South Wales v Riley (2003) 57 NSWLR 496 Sutcliffe v Pressdram Ltd (Private Eye/Yorkshire Ripper Defamation case) [1991] 1 QB 153