“Jennings v Buchanan”的意思、由来-开放百科全书

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Jennings v Buchanan

释义

Background
Held
References

{{Orphan|date=September 2015}}{{Infobox court case
| name = Jennings v Buchanan
| court = Judicial Committee of the Privy Council
| date_filed =
| image = File:Royal_Arms_of_the_United_Kingdom_(Privy_Council).svg
| date decided = 14 July 2004
| full name = Owen Robert Jennings v Roger Edward Wyndham Buchanan
| citations = [2004] NZPC 4; [2004] UKPC 36; [2005] 2 NZLR 577; [2005] 1 AC 115
| judges = Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Dame Sian Elias
| prior actions =
| subsequent actions =
| opinions =
| transcripts = Privy Council judgment
| Keywords = defamation
}}Jennings v Buchanan [2004] NZPC 4; [2004] UKPC 36; [2005] 2 NZLR 577; [2005] 1 AC 115 is a cited case in New Zealand regarding defamation and the defence of parliamentary privilege.^[1]

Background

In 1997, during a parliamentary debate, ACT MP Owen Jennings made a claim about an unnamed member of the Wool Board who had arranged a sponsorship by the NZWB for a rugby event, in order that he could take his mistress on the tour to carry on their "illicit affair".

Whilst he did not name this official, most people knew he was talking about NZWB member Roger Buchanan.

Unfortunately for Buchanan, as this comment was made in Parliament, Jennings was protected by parliamentary privilege.

However, several months later, during an interview with The Independent newspaper, Jennings said that he “did not resile from his claim about the officials' relationship”, and as a result, Buchanan sued Jennings in defamation for his comments in the subsequent interview.

Jennings defended the matter, saying that he was merely repeating comments he made in Parliament, and those original comments were absolutely protected by parliamentary privilege.

Held

The court ruled that privilege did not apply in the interview, and so his defence failed.

References

1. ^{{cite book |title=Butterworths Student Companion Torts |edition=4th |last1=McLay |first1=Geoff |publisher=LexisNexis |ISBN=0-408-71686-X|year=2003 |page=}}

4 : Judicial Committee of the Privy Council cases on appeal from New Zealand|New Zealand tort case law|2004 in New Zealand law|2004 in case law

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