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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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URL: http://www.nzlii.org/nz/cases/NZHC/2009/857.html