Campbell v Regional Publishers Pty Limited [2000] NSWSC 654

Campbell v Regional Publishers Pty Limited [2000] NSWSC 654

The particular as framed, if supported by evidence, could sustain a finding of malice, as it alleges use of the publication occasion to further a vendetta against aborigines. The assertion of the plaintiff's race is material to the context of malice pleaded.

Parties
Plaintiff/respondent: Margaret Campbell; Defendant/applicant: Regional Publishers Pty Limited
Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Civil / Interlocutory Application on Reply Particulars in Defamation Proceedings
Outcome
Application dismissed
Legal Topics
Pleadings, Particulars, Malice, Privileged Occasion
Defamation Pleadings Particulars Malice Privileged Occasion

Case Brief

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Parties

Margaret Campbell

Plaintiff/respondent

Regional Publishers Pty Limited

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application on Reply Particulars in Defamation Proceedings

Legal Issues

  1. 1 Whether particulars of malice in the reply should be struck out
  2. 2 Whether assertion of vendetta against aborigines is a sufficient particular of malice
  3. 3 Whether assertion regarding plaintiff being an aborigine is material

Ratio Decidendi

The particular as framed, if supported by evidence, could sustain a finding of malice, as it alleges use of the publication occasion to further a vendetta against aborigines. The assertion of the plaintiff's race is material to the context of malice pleaded.

Court Disposition

Application dismissed

Orders

  • Defendant to pay plaintiff's costs