Wilson v State of New South Wales
[2006] VSC 276
•31 July 2006
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
No. 8557 of 2004
| MATTHEW WILLIAM WILSON | Plaintiff |
| 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: | Wilson v State of New South Wales | |
MEDIUM NEUTRAL CITATION: | [2006] VSC 276 | |
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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 With Dr MJ Collins | Peter G Richards |
| For the Defendant | Mr B McClintock QC with Mr R Weaver | Victorian Government Solicitors as agents for Crown Solicitor, New South Wales |
HIS HONOUR:
In this case the plaintiff seeks 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(c), 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 plaintiff’s costs of this application to be taxed.
[1]IG Index v State of New South Wales(No.2) [2006] VSC 275
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