Templar v Watt (No 3) [2016] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: Templar v Watt (No 3) [2016] NSWSC 1230 Hearing dates: 25, 26, 27, 28 July 2016 Decision date: 02 September 2016 Before: McCallum J Decision: Verdict for the defendants Catchwords: DEFAMATION – defences – qualified privilege at common law and pursuant to the Defamation Act 2005 (NSW) – where government-employed paediatric specialist wrote to department of education officer raising concerns as to the department's unqualified support for a business offering hearing tests in public schools for a fee – whether an occasion of qualified privilege – whether statements relevant to the occasion – whether conduct of author in publishing the matter complained of reasonable in the circumstances

CONSUMER LAW – email sent by government-employed paediatric specialist to department of education officer in relation to hearing tests offered in public schools by the plaintiffs – whether conduct in trade or commerce – consideration of extended definition of "trade or commerce" in the Australian Consumer Law Legislation Cited: Competition and Consumer Act 2010 (Cth), sch 2 Australian Consumer Law, s 236 Defamation Act 2005 (NSW), s 30 Health Services Act 1997 (NSW), s 8 Cases Cited: Adam v Ward [1917] AC 309 Auswest Timbers v Secretary to the Department of Sustainability and Environment (2010) 241 FLR 360; [2010] VSC 389 Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366; [2004] HCA 5 Bride v The Shire of Katanning [2016] FCA 65 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594; [1990] HCA 17 Firewatch v Country Fire Authority (1999) 93 FCR 520; [1999] FCA 761 Guise v Kouvelis (1947) 74 CLR 102; [1947] 13 Markit Pty Ltd v Commissioner of Taxation (2007) 1 Qd R 253; [2006] QSC 157 Murphy v Victoria (2014) 45 VR 119; [2014] VSCA 238 Tame v New South Wales (2002) 211 CLR 317; [2002] HCA 35 TCN Channel Nine Pty Ltd v Ilvariy Pty Ltd (2008) 71 NSWLR 323; NSWCA 9 Toben v Mathieson; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530 Toben v Milne [2014] NSWCA 49 Unilan Holdings Pty Ltd v Kerin (1992) 35 FCR 272; [1992] FCA 211 Seafolly Pty Ltd v Madden (2012) 297 ALR 337; [2012] FCA 1346 Madden v Seafolly Pty Ltd (2014) 313 ALR 1; [2014] FCAFC 30 Texts Cited: Raymond E Brown, The Law of Defamation in Canada (2nd ed, Carswell) Category: Principal judgment Parties: Stephen Templar (first plaintiff) Audametrics Pty Ltd (second plaintiff) Phillip Watt (first defendant) Central Coast Local Health District (second defendant) Representation: Counsel: MK Rollinson (plaintiffs) K Smark SC, S Chrysanthou (defendants)