Brander v Ryan and Messenger Press Pty Ltd No. Scgrg-99-119

This case involved a defamation claim brought by Brander, the Chairman of the political party Australian National Action, against Ryan and Messenger Press Pty Ltd, the Editor and publisher respectively of a series of newspapers. The dispute centred around an article published in the newspapers that Brander claimed was defamatory of him. The case was appealed to the Full Court of the Supreme Court of South Australia, which was required to decide several legal issues. Firstly, whether any of the imputations claimed by Brander arose from the article. Secondly, if any imputations did arise, whether they were defamatory of Brander. Thirdly, whether the publication of the words was protected by an occasion of qualified privilege. The Full Court found that only two imputations arose from the article: that Brander did not hold his political beliefs sincerely and that he did not have credible or genuine views in relation to the immigration debate and was motivated by juvenile attention seeking. These imputations were defamatory of Brander. However, the Full Court held that the publication of the words was protected by an occasion of qualified privilege as it related to political and governmental matters. The Full Court allowed the defendants' appeal, set aside the orders of the Judge of the Supreme Court, and dismissed Brander's claim. The Full Court also ordered Brander to pay the costs of the appeal to the single Judge of the Supreme Court.