The traditional practice of not ordering security for costs against plaintiffs/appellants in personal injury cases does not extend to defamation claims. Courts recognise a special interest in vindicating physical or mental integrity that does not apply to other tort claims vindicating personal rights, including defamation. The question of the interrelationship between s 5(1AAA) of the Defamation Act and s 34 of the Limitation of Actions Act 1958 (Vic) was expressly left open.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
7 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.