Bill Karageozis as trustee for the bankrupt estate of Siobhan Lamb v Sherman

(2023) 17 QR 341; [2023] QCA 258

Queensland Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Statements amounting to defamation
3. › Imputation
4. › Whether publication capable of conveying imputation
5. › Oral complaint to police officer
6. › Whether imputation of domestic violence arose
7. › Whether imputation of pettiness arose
8. › Whether imputation of vengefulness arose
1. Defamation
2. › Privilege
3. › Qualified privilege
4. › Statements made in respect of a duty or interest
5. › Complaint to police about non-criminal conduct
6. › Whether reciprocal duty and interest existed
7. › Whether qualified privilege limited to reports of criminal conduct
1. Defamation
2. › Privilege
3. › Qualified privilege
4. › Rebuttal of privilege by malice
5. › Standard of proof
6. › Whether dominant motive was desire to injure
7. › Sufficiency of evidence to support inference of malice
1. Defamation
2. › Other defences
3. › Triviality
4. › Whether circumstances of publication were such that plaintiff was unlikely to sustain any harm
5. › Publication to single police officer in official capacity
6. › Defamation Act 2005 (Qld), s 33

Quick Take

Qualified privilege at common law may attach to a complaint to police even where the conduct reported does not amount to a criminal offence, provided there is a reciprocal duty and interest. Police duties include keeping the peace and warning persons off courses of conduct which, while not yet criminal, might become so. This is particularly relevant where the reported behaviour may signal a propensity to engage in domestic violence. The decision also confirms that where a serious imputation (such as domestic violence) is alleged, courts should consider whether the publisher would have said so explicitly if that was what was meant, particularly in the context of a complaint to police.