Mr De Jong is seeking compensation after he was publicly named and shamed in December 2004 for returning the world's first positive roadside drug test during a police operation in Melbourne.

The truck driver was cleared nine days later when independent laboratory tests found no trace of illicit drugs in his saliva.

The father-of-two said he suffered injury to his reputation caused by the broadcast of his positive drugs test on four Melbourne television stations later that day.

Justice Bongiorno ruled in Victoria's Supreme Court on Friday that the State had failed in its bid to have a writ filed by Mr De Jong for unspecified damages struck out.

Counsel for the State of Victoria, Mark Dreyfus QC, alleged that each of the television broadcasts was made in contravention of express directions given by members of Victoria Police.

He also argued that Mr De Jong's claim did not set out the alleged defamatory words spoken by Victoria Police's media spokesman Sean Cadd, the media representatives Mr Cadd spoke too, nor the other members of Victoria

Police present on the day.

But Justice Bongiorno said the words used by Mr Cadd were not important.

"The plaintiff's (De Jong) case is not based on what Cadd said but rather upon the whole of the circumstances in which Cadd informed the press of the plaintiff's positive drug tests," Justice Bongiorno said.

"It is the information which was conveyed by what he said, together with the actions performed by one of more police officers which, the plaintiff says, lead to his being libelled in the television news broadcasts."

Mr De Jong's lawyer, Katalin Blond, said her client had now been asked to serve an amended statement of claim.

"He is relieved by this positive step in his case and now looks forward to getting on with the merits of his case," Ms Blond said.

"Any plaintiff is open to negotiation without the need to proceed to court but if that is not forthcoming, he will have no alternative than to pursue this to the end."

Mr De Jong said he decided to take legal action after Victoria Police failed to apologise for its mistake.

Victoria Police yesterday declined to comment on Mr De Jong's case as proceedings were still active.