Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

Ex parte Allen, in re Bull (1836) NSW Sel Cas (Dowling) 807; [1836] NSWSupC 74

criminal procedure

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 28 February 1836

Source: Dowling, Select Cases, Vol. 7, S.R.N.S.W. 2/3465, p. 89

The affidavit in support of a motion for a criminal information for an alleged libel contained in a newspaper must point out the matter complained of, and allege that it is a libel concerning the party complaining.

This was a rule nisi for a criminal information against the editor of The Colonist newspaper for an alleged libel. The affidavit in support of the motion did not point out any paragraph charged to be libelous, but merely annexed the newspaper to the affidavit, which contained a long article containing other matters, as well as what related to the applicant.

Plunkett S.G. shewed cause and contended that the affidavit must shew what part of the publication was complained of and must allege positively that it was a libel on the party complaining. Foster contra contended that if it could be collected from the publication that it contained offensive matter concerning the party, that was sufficient.

The Court. We think not.

Rule discharged with costs.

Published by the Division of Law, Macquarie University