New South Wales Country Press Co-operative Co Ltd v Stewart

The New South Wales Country Press Co-operative Co Ltd (the appellant) appealed to the High Court of Australia against a judgment of the Supreme Court of New South Wales in favour of the respondent, Stewart. The dispute concerned an alleged slander uttered by an agent of the appellant, and the appellant's liability for that utterance.

The central legal issue before the High Court was whether the appellant company was liable for the slanderous statement made by its agent. Specifically, the court had to determine the extent of the agency relationship and whether the agent was acting within the scope of their authority, or in a manner for which the principal would be held vicariously liable, when the defamatory words were spoken.

The High Court considered the principles of principal and agent liability in defamation. It examined the nature of the agent's employment and the specific purpose for which they were engaged. The court held that the agent's admission of certain facts was relevant to establishing the agency and the context of the utterance. Ultimately, the court found that the agent was acting in a capacity that rendered the appellant liable for the slander.