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Supreme Court allows appeal from High Court, and sets aside a determination that a defamation claim was bound to fail, where the claim arose from an article quoting a District Court judge, and where the plaintiff was not present at the hearing of the motion, on the grounds that the issue of whether the quotation was 'fair and accurate' (as required by the legislation) and the nature of the privilege that might have applied to the article was a matter that should have been argued, and submissions from the plaintiff should have been heard to determine these issues.
MacMenamin J (nem diss): Defamation - dismissal of proceedings by High Court - appeal - quotation in newspaper of words spoken by District Court judge - whether article actuated by malice - privilege - whether report 'fair and accurate' - nature of privilege - whether absolute or qualified - representation of plaintiff by 'McKenzie friend' - dismissal of claim on grounds of being bound to fail - non-attendance of litigant - prior conduct - reason for non-attendance - whether case could succeed.
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