Trindall v Nationwide News Pty Limited [2010] NSWSC 410

Trindall v Nationwide News Pty Limited [2010] NSWSC 410

The article did more than merely report that the plaintiff had been charged: references to his nickname 'Tricky', his alleged detention and custody, and the reported attempt to quash news of his arrest were capable of leading an ordinary reasonable reader to understand the pleaded imputations. The terms 'teenager' and 'child' overlap, and references to Thailand and allegedly sexually assaulting a teenage boy made the child sex tourism imputations capable of being conveyed. The Facebook material was also capable of conveying that the plaintiff was responsible for an attempted cover-up. It was not blindingly obvious that no jury could find the challenged imputations conveyed.

Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Defamation Proceedings / Defendants' Motion Challenging Pleaded Imputations as Not Reasonably Capable of Being Conveyed
Outcome
Defendants' motion dismissed with costs.
Legal Topics
['capacity of Defamatory Imputations' 'statement That a Person Has Been Charged With Criminal Offences' 'imputation of Guilt' 'child Sex Tourism Imputation' 'strike Out of Pleaded Imputations']
['defamation' 'civil Procedure'] ['capacity of Defamatory Imputations' 'statement That a Person Has Been Charged With Criminal Offences' 'imputation of Guilt' 'child Sex Tourism Imputation' 'strike Out of Pleaded Imputations']

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Procedural Posture

Defamation Proceedings / Defendants' Motion Challenging Pleaded Imputations as Not Reasonably Capable of Being Conveyed

Legal Issues

  1. 1 ['Whether the article was reasonably capable of conveying that the plaintiff sexually assaulted a teenage boy.' 'Whether the imputation that the plaintiff is a child sex tourist was bad in form or not reasonably capable of being conveyed.' 'Whether the article was reasonably capable of conveying that the plaintiff behaved in such a way as to give rise to suspicion by Thai police that he was a child sex tourist.' 'Whether the article was reasonably capable of conveying that the plaintiff attempted to cover up the fact that he was facing child sex charges in Thailand by having his teenage sons post a false message on his Facebook page.']

Ratio Decidendi

The article did more than merely report that the plaintiff had been charged: references to his nickname 'Tricky', his alleged detention and custody, and the reported attempt to quash news of his arrest were capable of leading an ordinary reasonable reader to understand the pleaded imputations. The terms 'teenager' and 'child' overlap, and references to Thailand and allegedly sexually assaulting a teenage boy made the child sex tourism imputations capable of being conveyed. The Facebook material was also capable of conveying that the plaintiff was responsible for an attempted cover-up. It was not blindingly obvious that no jury could find the challenged imputations conveyed.

Court Disposition

Defendants' motion dismissed with costs.

Orders

  • ["Defendants' motion dismissed with costs."]