Croker v Commissioner of Taxation

[2005] HCATrans 137

[2005] HCATrans 137

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S234 of 2004

B e t w e e n -

CLAYTON ROBERT CROKER

Applicant

and

COMMISSIONER OF TAXATION

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.39 AM

Copyright in the High Court of Australia

GUMMOW J:   The listing of the hearings of applications by the applicant to set aside bankruptcy notices were published in court lists, in a Sydney newspaper and on the Internet.  The applicant asserted that thereby he was defamed by the respondent creditor on whose application the bankruptcy notices were issued and that the respondent was liable to him as publisher of that defamatory matter.

His action in the Supreme Court of New South Wales was dismissed on summary application as disclosing no cause of action.  An application for leave to appeal was dismissed by the Court of Appeal.

There is no reason to doubt the correctness of the decision of the primary judge or the Court of Appeal.

The further complaint in the special leave application asserting the invalidity of the Defamation Act 1974 (NSW) has no substance.

Special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.40 AM THE MATTER WAS CONCLUDED