Keith Windschuttle v ACP Publishing Pty Limited

The case of Keith Windschuttle v ACP Publishing Pty Limited was heard in the Supreme Court of the Australian Capital Territory. The defendant, ACP Publishing Pty Limited, applied for the defamation proceedings to be transferred to the Supreme Court of New South Wales under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth). The plaintiff, Keith Windschuttle, opposed the application. The court was required to determine whether transferring the proceedings was in the interests of justice.

The court considered various factors, including the plaintiff's choice of forum, the substantive connections with the Australian Capital Territory, and the balance of convenience for the parties. The court found that the plaintiff's desire to vindicate his reputation in the Australian Capital Territory was a significant factor, as the defendant's magazine was published nationally, and the plaintiff's reputation was not solely tied to New South Wales. The court also noted that the plaintiff's links with government and national institutions in the Australian Capital Territory were relevant to the case. Furthermore, the court considered the cost implications for the defendant, with the plaintiff's solicitor arguing that defamation proceedings in the Australian Capital Territory were generally cheaper for Sydney-based clients and solicitors.

The court concluded that the interests of justice would not be better served by transferring the proceedings to the Supreme Court of New South Wales. The application for transfer was dismissed.

The court ordered that the application for transfer be dismissed.