No case for Toben

November 1, 2012 by J-Wire Staff
Read on for article

A defamation case brought by Holocaust denier Fredrick Toben against community leader Jeremy Jones has been struck out in the Federal Court.

Fredrick Toben

Judge David Yates yesterday handed down his decision from the hearing heard in the Federal Court in Sydney on August 1.

He ordered that the application and statement of claim be struck out and the proceeding be stayed permanently.

The judge ordered Adelaide-based Toben to pay Jeremy Jones’s costs.

Toben had brought the case against Jones, who is a past president of The Executive Council of Australian Jewry on grounds that he had been defamed. The offending article was claimed to have stated that Toben is an anti-Semite who had said that the influence of the Talmud was pervasive.

In his judgement, Justice Yates said that the “commencement of this proceeding is an abuse of the Court’s process”.

Jeremy Jones

He found that the pleading of the statement of claim is deficient in a number of respects. He added: “Those deficiencies are not overcome by the amendments that the applicant has proposed. The originating application and statement of claim should be struck out.”

A member of Jones’s legal team told J-Wire: “Toben cannot start new proceedings against Jeremy Jones on the same grounds.”

The article referred to appeared in the Australia/Israel Review in 2009. Earlier this year, Toben started proceedings in the Federal Court against Jeremy for defamation and for damages for alleged breached of the Competition and Consumer Act (the Trade Practices Act).

Toben was declared bankrupt in September this year following his failure to pay costs on separate contempt proceedings.

 

Comments

3 Responses to “No case for Toben”
  1. Otto Waldmann says:

    Simply put, the creep is a big time LOSER !!!

  2. Stan says:

    Good to see this creep was made to pay the costs of his litigation, even though it’s unlikely he will ever pay.

Speak Your Mind

Comments received without a full name will not be considered
Email addresses are NEVER published! All comments are moderated. J-Wire will publish considered comments by people who provide a real name and email address. Comments that are abusive, rude, defamatory or which contain offensive language will not be published

    Rules on posting comments