Bashford v Information Australia (Newsletters) Pty Ltd

The Full Federal Court considered an appeal by Bashford against a decision of a single judge concerning the publication of certain information by Information Australia (Newsletters) Pty Ltd. The dispute arose from the defendant's publication of information relating to the plaintiff's business activities, which the plaintiff alleged constituted a breach of confidence and was defamatory.

The primary legal issues before the Full Court were whether the information published by the defendant was protected by an implied term of confidentiality, and if so, whether the defendant had breached that term. Additionally, the court was required to determine whether the published statements were defamatory of the plaintiff and, if so, whether any defence was available to the defendant.

The court analysed the nature of the relationship between the parties and the circumstances under which the information came into the defendant's possession. It was held that the information was not imparted in circumstances importing an obligation of confidence, and therefore, no breach of confidence occurred. Regarding the defamation claim, the court found that the statements published were not capable of bearing a defamatory meaning and, in the alternative, that certain defences were made out. The appeal was dismissed.