McBride v John Fairfax Publications Pty Limited & Anor [2008] NSWCA 63

McBride v John Fairfax Publications Pty Limited & Anor [2008] NSWCA 63

It was open to a jury, reading between the lines in the manner authorised by Lewis v Daily Telegraph [1964] AC 234, 258, to find that the matter complained of conveyed not only the specific allegations concerning the plaintiff's MD thesis and alleged misappropriation of Dr McCreadie's research data and conclusions, but also the general allegations pleaded in the contextual imputations. Leave to appeal should therefore be refused.

Jurisdiction
Australia
Judgment Date
03 April 2008
Procedural Posture
Defamation / Application for Leave to Appeal From Price J's Refusal to Strike Out the Defendants' Contextual Imputations
Outcome
Leave to appeal refused. Summons dismissed with costs.
Legal Topics
['contextual Imputations' 'jury Reading Between the Lines']
['defamation'] ['contextual Imputations' 'jury Reading Between the Lines']

Case Brief

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Procedural Posture

Defamation / Application for Leave to Appeal From Price J's Refusal to Strike Out the Defendants' Contextual Imputations

Legal Issues

  1. 1 ["Whether leave to appeal should be granted to review the refusal to strike out the defendants' contextual imputations." 'Whether contextual imputations not conveyed in express terms could nevertheless be conveyed by the matter complained of by reading between the lines.']

Ratio Decidendi

It was open to a jury, reading between the lines in the manner authorised by Lewis v Daily Telegraph [1964] AC 234, 258, to find that the matter complained of conveyed not only the specific allegations concerning the plaintiff's MD thesis and alleged misappropriation of Dr McCreadie's research data and conclusions, but also the general allegations pleaded in the contextual imputations. Leave to appeal should therefore be refused.

Court Disposition

Leave to appeal refused. Summons dismissed with costs.

Orders

  • ['Leave to appeal refused.' 'Summons dismissed with costs.']