Echo Publications Pty. Ltd. v. Tucker & Ors. Fast Buck$ v. Tucker & Anor (No.3) [2007] NSWCA 320

Appeal Outcome: Special leave refused with costs by the High Court - 13 June 2008 (S621/2007 & S622/2007)

New South Wales Court of Appeal

CITATION: Echo Publications Pty. Ltd. v. Tucker & Ors. Fast Buck$ v. Tucker & Anor (No.3) [2007] NSWCA 320 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 October 2007

JUDGMENT DATE: 16 November 2007

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; McColl JA at 33

DECISION: 1.Echo Publications to pay the costs of the further hearing referred to in Order 1 made on 18 July 2007. 2. Fast Buck$ to pay any additional costs resulting from the further hearing referred to in Order 2 made on 18 July 2007. 3. Otherwise, no further orders made.

CATCHWORDS: DEFAMATION - Privilege under s.22 of Defamation Act 1974 - Interest in having information - Publication of matter in the course of giving information - Reasonableness of publisher's conduct.

LEGISLATION CITED: Defamation Act 1974 (NSW) s.22

Austin v. Mirror Newspapers Limited (1985) 3 NSWLR 354 Barbaro v. Amalgamated Television Services Pty. Limited (1985) 1 NSWLR 30 Collins v. Ryan (1991) 6 BR 229 CASES CITED: Lange v. Australian Broadcasting Commission (1997) 189 CLR 520 Morgan v. John Fairfax & Sons Limited (No.2) (1991) 23 NSWLR 374 Morosi v. Mirror Newspapers Limited [1977] 2 NSWLR 749 Wright v. Australian Broadcasting Commission [1977] 1 NSWLR 697

Echo Publications Pty. Ltd. - appellant PARTIES: Ross Tucker - 1st respondent Fast Buck$ - 2nd respondent

FILE NUMBER(S): CA 40761/05; CA 40061/06