Nationwide News Pty Limited v Murphy [1999] NSWCA 118

Nationwide News Pty Limited v Murphy [1999] NSWCA 118

The majority held that the article was capable of conveying defamatory imputations to an ordinary reasonable reader. The context was not merely neutral or complimentary: the gossip-column setting, quotation marks around "celebrity", and focus on the plaintiff getting guilty drug dealers off criminal charges could suggest that his success was due to unprofessional or questionable methods. The word "shyster" had a meaning sufficiently distinct and certain to satisfy the requirements of specificity. Accordingly, Abadee J was correct to refuse to strike out the re-pleaded imputations.

Jurisdiction
Australia
Judgment Date
05 May 1999
Procedural Posture
Defamation Proceeding; Application for Leave to Appeal / Application for Leave to Appeal From Abadee J's Dismissal of the Defendant's Notice of Motion to Strike Out Re Pleaded Imputations
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['amendment of Pleadings' 'strike Out Application' 'defamatory Imputations' 'specificity of Pleaded Imputations' 'ordinary Reasonable Reader']
['defamation' 'civil Procedure'] ['amendment of Pleadings' 'strike Out Application' 'defamatory Imputations' 'specificity of Pleaded Imputations' 'ordinary Reasonable Reader']

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Procedural Posture

Defamation Proceeding; Application for Leave to Appeal / Application for Leave to Appeal From Abadee J's Dismissal of the Defendant's Notice of Motion to Strike Out Re Pleaded Imputations

Legal Issues

  1. 1 ['Whether the published words were capable of bearing the pleaded defamatory imputations that the plaintiff was notorious for obtaining acquittals of guilty drug dealers and was a shyster.' 'Whether the pleaded imputation that the plaintiff was a shyster was sufficiently specific to comply with Supreme Court Rules Pt 67 r 11.']

Ratio Decidendi

The majority held that the article was capable of conveying defamatory imputations to an ordinary reasonable reader. The context was not merely neutral or complimentary: the gossip-column setting, quotation marks around "celebrity", and focus on the plaintiff getting guilty drug dealers off criminal charges could suggest that his success was due to unprofessional or questionable methods. The word "shyster" had a meaning sufficiently distinct and certain to satisfy the requirements of specificity. Accordingly, Abadee J was correct to refuse to strike out the re-pleaded imputations.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed with costs.']