Defamation appeal rejected by Court

Press, 9 May 1985, Page 21

Defamation appeal rejected by Court

PA Wellington The Consumer Council has failed in a bid for a new trial of a defamation claim in which $25,000 damages were awarded against it. The Court of Appeal has dismissed an appeal from a High Court decision which rejected the council’s claim for judgment for itself, or a new trial. Mr Arthur Goodman, managing director and major shareholder of Universal Fur Company, Ltd, sued the Consumer Council as publisher of the magazine “Consumer”. Mr Goodman claimed he was defamed by a statement in an article printed in the “Consumer” issue of November, 1980.

The Court of Appeal said much of the article was a critical account of the dealing by Mr Goodman and his company with a woman in connection with a lay-by transaction for a fur coat.

The jury heard the case in November, 1983, and assessed damages at $25,000. The council, represented by Mr George Barton, sought judgment for itself on the basis that it had

qualified privilege and that there was no, or little, evidence to support the finding of malice.

The new trial was sought on the grounds that evidence was improperly admitted at the trial and that

the verdict on the issue of justification and malice

were against the weight of evidence.

The Court of Appeal comprised Mr Justice Cooke, Mr Justice Richardson and Mr Justice McMullin.

Mr Goodman was awarded costs of $l5OO.