SOMOSI v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 176

SOMOSI v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 176

The publication complained of was not capable of carrying any of the imputations so framed by the claimant, as assessed from the perspective of the ordinary reasonable reader.

Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Appeal / Leave to Appeal Refused
Outcome
Leave to appeal refused with costs.
Legal Topics
['imputation in Defamation' 'capacity of Publication to Convey Imputation' 'interpretation by Ordinary Reasonable Reader' 'leave to Amend Statement of Claim']
['defamation'] ['imputation in Defamation' 'capacity of Publication to Convey Imputation' 'interpretation by Ordinary Reasonable Reader' 'leave to Amend Statement of Claim']

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Procedural Posture

Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 ['Whether publication was capable of carrying the imputations as framed by the claimant' 'Whether the ordinary reader would interpret the article in the manner alleged by the claimant' 'Leave to amend statement of claim']

Ratio Decidendi

The publication complained of was not capable of carrying any of the imputations so framed by the claimant, as assessed from the perspective of the ordinary reasonable reader.

Court Disposition

Leave to appeal refused with costs.

Orders

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