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Chapman v. Conservation Council of South Australia

[2002] SASC 4

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Chapman v. Conservation Council of South Australia

South Australia Supreme Court
[2002] SASC 4

Facts

The Conservation Council of South Australia (the council) (defendant) engaged in a campaign to stop the building of a bridge. As part of this campaign, the council released publications in a periodical. Wendy Chapman (plaintiff), one of the developers of the bridge, sued the council, claiming several of the publications were defamatory regarding Chapman’s involvement in the bridge’s construction. Among the alleged defamatory statements were: Publication No. 6, a publication that implied Chapman had started a court action to suppress the council’s legitimate free-speech activities; Publication No. 7, which implied Chapman was oppressing nearby residents regarding the bridge’s construction; and Publication No. 11, which reflected adversely on Chapman’s development, planning, and consultation process in building the bridge. The council argued that the publications were not defamatory and raised two defenses: (1) fair comment on a matter of public interest, and (2) qualified privilege. Chapman argued that the defenses were defeated because the council was motivated by malice. The council argued that the council published the statements out of concern for the environmental consequences of building the bridge.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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Casebooks

Environmental Law

Key Terms