NSW Caselaw
New South Wales Court of Appeal
CITATION: Echo Publications Pty. Ltd. v. Tucker & Anor.; Fast Buck$ v. Tucker & Anor. [2007] NSWCA 73
HEARING DATE(S): 8 and 9 August 2006
JUDGMENT DATE: 5 April 2007
JUDGMENT OF: Mason P at 1; Hodgson JA at 2; McColl JA at 141
DECISION: 1. Echo Publications' appeal dismissed with costs. 2. Fast Buck$'s appeal dismissed with costs. 3. Mr. Tucker's cross-appeal dismissed, with no order as to costs.
CATCHWORDS: DEFAMATION - Imputations - Whether jury's findings unreasonable - Qualified privilege - Response to an attack - Whether privilege attaches to a riposte to a response - Whether privilege lost by endorsement of response - Privilege under s.22 of Defamation Act 1974 - Defence of comment - Adequacy of judge's reasons.
LEGISLATION CITED: Defamation Act 1974 ss.15, 22, 30, 32, 33, 34
Adam v. Ward [1917] AC 309 Amalgamated Television Services Pty. Ltd. v. Marsden [2002] NSWCA 419 Barbaro v. Amalgamated Television Services Pty. Ltd. (1985) 1 NSWLR 30 Bashford v. Information Australia (Newsletters) Pty. Limited [2004] HCA 5, (2004) 218 CLR 366 Bass v. TCN Channel Nine Pty. Limited [2003] NSWCA 118, (2003) 60 NSWLR 251 Bennette v. Cohen [2005] NSWCA 341, (2005) 64 NSWLR 81 Charlwood Industries Pty. Ltd. v. Brent [2002] NSWCA 2001 Collins v. Ryan (1991) 6 BR 229 Fox v. Percy [2003] HCA 22, (2003) 214 CLR 118 Horrocks v. Lowe [1975] AC 135 House v. The King (1936) 55 CLR 499 CASES CITED: Hunter v. Chief Constable of the West Midlands [1982] AC 529 John Fairfax Publications Pty Limited v Obeid [2005] NSWCA 60; (2005) 64 NSWLR 485 John Fairfax Publications Pty. Ltd. v. Rivkin (2003) 77 ALJR 1657 Kennett v. Farmer [1988] VR 991 Loveday v. Sun Newspapers Limited (1938) 59 CLR 503 Mifsud v. Campbell (1991) 21 NSWLR 725 Mundey v. Askin [1982] 2 NSWLR 369 Penton v. Calwell (1945) 70 CLR 219 Radio 2UE Sydney Pty. Limited v. Parker (1992) 29 NSWLR 448 Roberts v. Bass [2002] HCA 57, (2002) 212 CLR 1 Rogers v. The Queen (1994) 181 CLR 251 Walton v. Gardiner (1993) 177 CLR 378
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