R Lucas & Son (Nelson Mail) Ltd v O'Brien - [1978] 2 NZLR 289

Practice — Striking out pleadings — Court's inherent jurisdiction.

Defamation — Qualified privilege — Alleged defamatory article published in newspaper — Article reproduced parts of a statement of claim in an action alleging misconduct on the part of a candidate in the general election; statement of claim had merely been filed and no judicial action had been taken — Defences of qualified privilege were pleaded claiming: (1) a moral or social duty to communicate contents of statement of claim to the general public; (2) that the article was a fair and accurate report of Court proceedings; (3) that it was a fair and accurate extract of a Court document which was required by law to be open to public inspection — Whether defences should be struck out — Defamation Act 1954, s 17.