Rawlinson v Oliver - [1995] 3 NZLR 62

Defamation — Defences — Privilege — Defamatory statements made in ex parte application for non-molestation order — Non-molestation order granted without jurisdiction — Discharge of order by subsequent quashing by High Court — Whether statements made subject to absolute privilege by reason of their being made in course of "proceedings" — Whether New Zealand Law Society ethical rules a "provision to the contrary in any other enactment" in terms of s 14 of the Defamation Act 1992 — Defamation Act 1992, ss 14, 15 and 55 — Limitation Act 1950, s 4(6A) and (6B) — Domestic Protection Act 1982, s 13(1) and (2)(b) — Law Practitioners Act 1982, s 17(1).

Defamation — Proceedings — Application to commence proceedings out of time — Whether delay caused by "mistake of law" — Defamatory statements made in ex parte application for non-molestation order — Non-molestation order granted without jurisdiction — Discharge of order by subsequent quashing by High Court — Whether statements made subject to absolute privilege by reason of their being made in course of "proceedings" — Whether New Zealand Law Society ethical rules a "provision to the contrary in any other enactment" in terms of s 14 of the Defamation Act 1992 — Defamation Act 1992, ss 14, 15 and 55 — Limitation Act 1950, s 4(6A) and (6B) — Domestic Protection Act 1982, s 13(1) and (2)(b) — Law Practitioners Act 1982, s 17(1).