Thiessen v State of New South Wales

[2006] VSC 277

IN THE SUPREME COURT OF VICTORIA	Not Restricted
AT MELBOURNE COMMON LAW DIVISION MAJOR TORTS LIST
No. 8559 of 2004
CRAIG WILLIAM THIESSEN and others	Plaintiffs
(according the schedule attached)
V
STATE OF NEW SOUTH WALES	Defendant

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JUDGE:	BONGIORNO J
WHERE HELD:	Melbourne
DATE OF HEARING:	26 May 2006
DATE OF JUDGMENT:	31 July 2006
CASE MAY BE CITED AS:	Thiessen v State of New South Wales
MEDIUM NEUTRAL CITATION:	[2006] VSC 277

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DEFAMATION – libel – fair comment – extent to which comment must be based on true facts – interstate publication – “proper matter for comment” – sections 29,30 Defamation Act 1974 (NSW) – section 14(1)(b) Defamation Act 1889 (Qld), section 14(1)(b) Defamation Act 1957 (Tas), section 355(2) Criminal Code (W.A.).

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APPEARANCES:	Counsel	Solicitors
For the Plaintiffs	Mr WT Houghton QC	Peter G Richards
With Dr MJ Collins
For the Defendant	Mr B McClintock QC	Victorian Government
with Mr R Weaver	Solicitors as agents for Crown Solicitor, New South Wales
HIS HONOUR:

1.          In this case the plaintiffs seek to have certain paragraphs of the defendant’s defence struck out as not being an arguable answer to his claim. For the reasons for providing the same relief to the plaintiffs in IG Index v State of New South Wales (No.2)1 the same orders will be made in this proceeding. Accordingly, paragraphs 10(b), 11(b), 12 (d) and (e), 13(b) and (c), 14(b) and 15(b) and paragraph D of the particulars set out after paragraph 15 of the Further Amended Defence of the defendant dated 4 May 2006 are struck out. The defendant is ordered to pay the plaintiffs’ costs of this application to be taxed.

S C H E D U L E O F P A R T I E S

No. 8559 of 2004

BETWEEN:

CRAIG WILLIAM THIESSEN	Firstnamed Plaintiff
JASON NICHOLAS ANDOR	Secondnamed Plaintiff
HARLEY JAMES SALT	Thirdnamed Plaintiff
ELIZABETH MARY BOURKE	Fourthnamed Plaintiff
- and -
STATE OF NEW SOUTH WALES	Defendant

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