Report containing defamatory information considered by Supreme Court | Update September 2010

The recent case of Chetwynd v Armidale Dumaresq Council [2010] NSWSC 690 considered whether the publication of a Code of Conduct Committee report finding that Councillor Chetwynd had breached Council’s adopted Code of Conduct  was defamatory.

The Court found, on the evidence that Council did not defame Councillor Chetwynd and provides councils interesting lessons, in that:

• It is the responsibility of each Councillor to fully inform themselves of the relevant facts of a matter, and not be convinced of a particular position by any person, including the Mayor, that is contrary to the evidence provided; and
• Councils may be liable for the publication of defamatory material contained in council reports and attachments, unless a defence or defences are available.

To view the full Update, please download PDF.