Articles

Defamation and qualified privilege

The New South Wales Court of Appeal, in Aktas v Westpac Banking Corporation Limited (2009), has recently considered whether the defence of common law qualified privilege is available in circumstances where the matter complained of is published by mistake. The Court of Appeal considered that the defence is available in such circumstances. The judgment deals with some of the principles relevant to one of the most commonly used defences in defamation actions’ the defence of qualified privilege. The case concerns breach of contract, negligence and defamation. This article deals only with the issues arising from the defamation action.

An edited version of this article was published in AILA News for June 2009.

Significant cases, legislation or articles referred to

• Aktas v Westpac Banking Corporation (2009) NSWCA 9
  
• Hunt v Great Northern Railway Company [1891] 2 QB 189
• Aktas v Westpac Banking Corporation (2007) NSWSC 1261
  
• Bashford ats Information Australia (Newsletters) Pty Limited (2004) 218 CLR 366
  
• Section 67 Cheques Act 1986 (Cth)
  
• Section 69 Cheques Act 1986 (Cth)
• Defamation Act 1974 (NSW)

 

Download PDF of Article