Damaged reputation, or mere soapboxing? Knocking out defamation claims as an abuse of process

If the proceeding is being maintained for a political, social or otherwise collateral purpose, and not to vindicate a plaintiff's reputation, it may be appropriate to apply to permanently stay the proceeding.

When faced with a defamation claim, it can be prudent to closely assess the true purpose behind the proceedings. If the true purpose is not vindication of the plaintiff's reputation, it opens the door for an application to strike out or stay the claim on the basis that the proceeding is an abuse of process.

This is what happened in Toben v Nationwide News Pty Ltd [2016] NSWCA 296, where the New South Wales Court of Appeal dismissed the Appellant's appeal against an order permanently staying his defamation proceedings on the basis that they were an abuse of the Court's process.