Cahill v Snell & 3 Ors

HIS HONOUR: These proceedings are of a nature not uncommon in terms of the initiation of an action which finds itself in the Defamation List of the Supreme Court. It arises from what shortly can be described as a trade union election. It is indeed, to my present knowledge, not the only matter of such a kind in this morning's list.

That such a political process as a trade union election would give rise to vigorous campaigning and documents reflecting that vigour is to be expected. That there may be a perception that the ordinary rigours of industrial politics have been exceeded by a particular publication in the course of them also might be understood.

The constituency within the area of trade union elections is by its nature limited. It is not to be taken however that the boundaries of the constituency necessarily restricts the boundaries of publication.

Defamation proceedings arising from such an event need not be remarkable in terms of defences that may be available. The defence that may be pleaded may as a matter of principle involve interests and important legal considerations within the factual context that will be established at a hearing. With respect to this particular action I am not persuaded that anything precludes me from making the order sought, the question of the availability of the Lange defence being amenable to resolution in the District Court as much as it is here.

I direct that this matter be transferred to the District Court of New South Wales for hearing in Sydney.