Vescio v Guardianship Tribunal of New South Wales

Vescio commenced proceedings against the Guardianship Tribunal of New South Wales, alleging defamation based on statements made in the tribunal's proceedings. The Guardianship Tribunal applied for summary judgment on the basis that the statements were protected by absolute privilege. The matter was heard in the Supreme Court of New South Wales. The primary legal issue was whether the statements made in the tribunal's proceedings were protected by absolute privilege, which would preclude the defamation claim.

The court held that the statements were indeed protected by absolute privilege under section 74 of the Guardianship Act 1987 (NSW), as they were made in the course of judicial proceedings. The court noted that absolute privilege applies to proceedings before the tribunal, and the tribunal was acting in a quasi-judicial capacity. The court found that the plaintiff's defamation claim was therefore precluded by the absolute privilege. The court also noted that the plaintiff had failed to demonstrate any special circumstances that would justify departing from the application of the absolute privilege.

Accordingly, the court dismissed the plaintiff's proceedings with costs. The plaintiff was ordered to pay the costs of the motion and the tribunal's costs of the proceedings. The exhibits were retained for 28 days. The dismissal of the proceedings and the costs orders underscore the importance of the absolute privilege in protecting the integrity of judicial and quasi-judicial proceedings.