Wilkinson v Sporting Life Publications Limited

The High Court of Australia heard an appeal from the Supreme Court of New South Wales concerning an action for defamation. The appellant, Langley Wilkinson, proprietor of "The Turf Bystander," a publication providing information for horse race betting, sued the respondent, Sporting Life Publications Ltd., publisher of "Turf Life," for libel. The dispute arose from an article published by the respondent that reproduced a circular issued by the appellant, which solicited funds for a betting arrangement and was alleged to be fraudulent. The appellant claimed the article defamed his character and business reputation, while the respondent pleaded truth and public benefit.

The central legal issue before the High Court was whether the appellant, who was engaged in an unlawful vocation under the *Gaming and Betting Act 1912-1927* (N.S.W.), could maintain an action for defamation when the alleged libel related to his conduct within that unlawful vocation. Specifically, the court had to determine if the illegality of the appellant's activities provided a complete defence to his defamation claim, or if he retained a right to protection for his character and reputation beyond that unlawful vocation.

The High Court, allowing the appeal, held that while a person engaged in an unlawful vocation cannot maintain an action for defamation concerning their reputation within that vocation, they are not deprived of protection for their character or reputation *ultra* that vocation. The court reasoned that the illegality of the appellant's betting activities did not preclude him from suing for defamatory statements that imputed misconduct beyond the mere fact of his unlawful pursuit. The Full Court's decision to enter a verdict for the defendant was overturned, as it had applied the principle of illegality too broadly. However, the court also found that the original trial judge had failed to properly direct the jury on the impact of the illegality on the claim and damages, necessitating a new trial.