Lloyd-Jones v Allen [2012] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lloyd-Jones v Allen [2012] NSWCA 230 Hearing dates: 06.03.12, 07.03.12 Decision date: 01 August 2012 Before: Beazley JA at [1] McColl JA at [2] Nicholas J at [3] Decision: (1) Grant leave to appeal. (2) Direct the appellant to file the notice of appeal in the form of the draft in the White Book within seven days of judgment. (3) Appeal allowed in part. (4) Orders (1) and (2) made by Colefax DCJ on 9 May 2011 be set aside. (5) Remit the matter to the District Court for the determination of: (i) the defence of truth to the imputations pleaded in (a) and (c) in the statement of claim; and (ii) in the event the defendant fails to establish the defence of truth to the imputations pleaded in (a) and (c) of the amended statement of claim, the assessment of damages. (6) Costs of the remitted hearing to be in the discretion of the trial judge. (7) Each party to bear his and her own costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DEFAMATION - defences of truth, common law qualified privilege, comment and honest opinion - letter to community interest group and media publishers - whether defence of truth to all imputations - whether statements of fact or comment - whether each publication made on occasion of common law qualified privilege - whether evidence of malice - award of damages set aside - new trial on limited issues Legislation Cited: Defamation Act 2005 Cases Cited: Aktas v Westpac Banking Corporation [2010] HCA 25; (2010) 241 CLR 79 Andreyevich v Kosovich (1947) 47 SR(NSW) 357 Austin v Mirror Newspapers Ltd (1985) 3 NSWLR 354 Bashford v Information Australia (Newsletters) Pty Ltd [2004] HCA 5; (2004) 218 CLR 366 Channel Seven Adelaide Pty Ltd v Manock [2007] HCA 60; (2007) 232 CLR 245 Cush v Dillon; Boland v Dillon [2011] HCA 30; (2011) 243 CLR 298 Hawke v Tamworth Newspaper Co Ltd [1983] 1 NSWLR 699 Horrocks v Lowe [1975] AC 135 Morosi v Mirror Newspapers [1977] 2 NSWLR 749 Roberts v Bass [2002] HCA 57; (2002) 212 CLR 1 Spautz v Williams [1983] 2 NSWLR 506 Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994-1995) 182 CLR 211 Toogood v Spyring (1834) 1 Cr M & R 181; 149 ER 1044 Category: Principal judgment Parties: Laurel Lloyd-Jones - applicant/appellant Anthony James Allen - respondent Representation: Counsel: C A Evatt/R Rasmussen - applicant/appellant B A M Connell/A R Power - respondent Solicitors: Carters Law Firm - applicant/appellant Andrew Warren & Associates - respondent File Number(s): 09/334582 Decision under appeal Date of Decision: 2011-05-09 00:00:00 Before: Colefax DCJ File Number(s): 09/1549