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The High Court has dismissed an application for judicial review seeking a declaratory order that a statement made by a District Court Judge was defamatory. The High Court found that the judge's comments were protected by absolute privilege and did not constitute defamation. The court emphasized that judicial review is not a mechanism for correcting statements made in court unless they result in a decision amenable to review. The applicant's failure to challenge the statement at the time it was made and the lack of evidence to suggest bias or defamation led to the refusal of the application for declaratory relief.
judicial review, declaratory relief, defamation, absolute privilege, bias, District Court, High Court, judicial function, Defamation Act of 2009, s.17 Defamation Act, procedural fairness, ultra vires, remedy, correction of decision, Shatter v Guerin, constitutional rights, good name, privilege.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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