JUSTIFICATION - Defamation Act 1974, s 15 - truth based on statistical information - defendant claimed statistics showed referee was biased - held, statistical information inadequate to prove the truth of the imputations
COMMENT - Defamation Act 1974, s 32 - whether imputations were opinion or statements of fact - held, imputations were opinion - whether comment was based on proper material for comment - s 30 - some factual statements not substantially true - whether comment represented an opinion which might reasonably be based on material which was substantially true - s 30(3)(b) - objective reasonableness - held, material not reasonably capable of supporting opinion
QUALIFIED PRIVILEGE - Defamation Act 1974, s 22(1)(c) - whether defendant’s conduct reasonable in the circumstances - defendant’s conclusions did not follow logically, fairly or reasonably from information provided - held, defendant’s conduct not reasonable
Case Details
Citation[2001] NSWSC 623
CourtNSWSC
JurisdictionNew South Wales
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