CONSTITUTIONAL LAW - Parliamentary privilege - evidence - where Art 9 Bill of Rights 1688 (Eng) prohibits impeaching or questioning in court anything done in proceeding in Parliament - whether Art 9 prevents publisher pleading and seeking to prove defences of justification and honest opinion of imputations that member of Parliament committed perjury before Parliamentary committee - where publisher admitted matter complained of conveyed defamatory imputations of and concerning applicant member - where matter complained of conveyed defamatory imputations that applicant committed perjury nine times before committee of New South Wales Parliament and in so conducting himself should be gaoled - where defence of justification and proper material founding defence of honest opinion necessarily would involve impeaching or questioning proceedings in Parliament - Held: publisher not entitled to plead defences that would infringe Parliamentary privilege
PRACTICE AND PROCEDURE - application to strike out or stay part of proceeding pursuant to r 16.32(1)(f) Federal Court Rules 2011 - whether abuse of process for applicant to rely on imputations that he committed perjury nine times in proceedings in Parliament where publisher's defences would infringe Parliamentary privilege - whether operation of Parliamentary privilege creates unfairness for publisher - where Parliamentary privilege not waived - where publisher chose subjects of and statements in matter complained of without provocation under Parliamentary privilege by applicant member of Parliament - whether unfairness if applicant prevented from proceeding on admitted imputations - Held: stay or strike out of proceeding in relation to imputations refused
PRACTICE AND PROCEDURE - whether particulars could support proposed defence of justification - whether particulars identified proper material relied on it defence of honest opinion - whether contextual imputations articulate act or condition defamatory of applicant- whether particulars insufficiently precise - whether particulars identify specific passages of matter complained of comprising proper material or relate that material to particulars establishing their substantial truth - Held: if defences capable of proper pleading, publisher must reformulate contextual imputations and particulars of justification and honest opinion defences
PRACTICE AND PROCEDURE - application for leave to file and serve defence out of time pursuant to r 1.39 - whether explanation of delay adequate - whether in interests of justice to grant leave to publisher to file and serve repleaded defence - Held: publisher given leave to file and serve reformulated defence within 14 days
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