Truth (NZ) Ltd v Holloway

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Truth (NZ) Ltd v Holloway
.
Keywords
negligence

Truth (NZ) Ltd v Holloway [1961] NZLR 22 (PC) is a case of the Judicial Committee of the Privy Council on appeal from the Court of Appeal of New Zealand regarding the legal issue of defamation and free speech.[1]

Background

The weekly newspaper

privilege
, in publishing an article of national significance.

The High Court ruled that the paper did not have such a defence, and awarded damages of

NZ£
11,000.

Truth appealed to the Court of Appeal claiming they had the defence of privilege, and also that the judge had misdirected the jury.

Held

The Court of Appeal upheld the judgement. The Truth subsequently unsuccessfully appealed to the Privy Council, but solely on the grounds that the judge had misdirected the jury.

Footnote: Defence Counsel here (Robin Cooke) later became Justice Cooke.

References