Collier v Country Women’s Association of NSW [2017] NSWSC 1573

Supreme Court New South Wales

Medium Neutral Citation: Collier v Country Women's Association of NSW [2017] NSWSC 1573 Hearing dates: 6, 7, 8, 9, 10 November 2017 Decision date: 17 November 2017 Before: Adamson J Decision: In proceedings 2016/122571:

(1) Order judgment for the defendant.

(2) Reserve costs.

(3) Direct that any application for costs, together with any evidence in support, be delivered to my Associate in writing within 7 days hereof, that any response be delivered to my Associate within a further 7 days, and that any reply be delivered to my Associate within a further 5 days.

In proceedings 2017/72463:

(1) Dismiss the summons.

(2) Reserve costs.

(3) Direct that any application for costs, together with any evidence in support, be delivered to my Associate in writing within 7 days hereof, that any response be delivered to my Associate within a further 7 days, and that any reply be delivered to my Associate within a further 5 days. Catchwords: DEFAMATION – judge-alone trial – publication of material relating to plaintiff's appeal against her expulsion from the Country Women's Association (NSW) – matter complained of published only to delegates entitled to vote on whether to confirm decision of State Executive to expel the plaintiff - whether imputations carried – defences of statutory and common law qualified privilege – contextual truth – contextual imputation that the plaintiff had so conducted herself as to warrant expulsion from the CWA proved true – justification – HELD – defence of common law and statutory qualified privilege made out – truth of all imputations established