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Thursday, 1 November 2012

No case for Fredrick Toben

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.

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