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ANTHONY ARTHUR PAUL WILLY V FAIRFAX NEW ZEALAND LIMITED HC WN CIV 2008-085-1429 [2009] NZHC 857 (22 July 2009)

IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
                                                                   CIV 2008-085-1429



               BETWEEN                    ANTHONY ARTHUR PAUL WILLY
                                          Plaintiff

    
          AND                        FAIRFAX NEW ZEALAND LIMITED
                                          Defendant


Hearing: 
     7 July 2009

Counsel:       T Sissons for Plaintiff
               H Rennie QC and S Bacon for Defendant

Judgment:      22
July 2009


                       JUDGMENT OF SIMON FRANCE J



[1]    These proceedings involve an allegation by the plaintiff
that he was defamed.
The publication occurred in a regional newspaper owned by the defendant. The
particular passage in dispute was
located in a "Letter to the Editor".


[2]    On 7 July I presided over a conference that was convened, at the parties'
request,
under s 35 of the Defamation Act 1992.         At the end of the hearing I
adjourned the conference to allow the parties to reflect
on the discussions.


[3]    As a consequence I have received a joint memorandum which requests the
Court to make an order under
s 35(2)(a). To explain the requested declaration, I note
that the letter to the editor had referred to an article that discussed
a High Court
judgment that was itself an appeal from the plaintiff acting in his judicial capacity.
The author of the letter suggested
the judgment was critical of the plaintiff's
"integrity".



ANTHONY ARTHUR PAUL WILLY V FAIRFAX NEW ZEALAND LIMITED HC WN CIV 2008-085-1429
22 July 2009

[4]     The parties ask me to make the following declaration:

        The Court hereby declares that the judgment
of Hammond J given on
        21 March 2001 in the case of Williams v Williams (A62/00, Hamilton
        Registry) did not make any
finding adverse to the plaintiff in respect of his
        integrity.

[5]     Subsequent to receiving this request I have obtained
the judgment and
considered it, and in particular paragraphs [119]­[128] where Hammond J sets out
his "Resolution" of the appeal.
I am satisfied that the sought declaration is correct.


[6]     Accordingly, pursuant to s 35(2) of the Defamation Act 1992, and
at the
request of the parties, I make the declaration set out in paragraph [4] above.




                                      
              _____________________________
                                                                      Simon France J

Solicitors:
T Sissons, Barrister, PO Box 23 063, Wellington, email: terry.sissons@xtra.co.nz
H Rennie QC, Wellington, email: hughrennie@legalchambers.co.nz
S Bacon, IzardWeston, PO Box 5348, Wellington, email: sarah.bacon@izardweston.co.nz



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