JOHN FAIRFAX PUBLICATIONS v RENE RIVKIN [1999] NSWCA 164

JOHN FAIRFAX PUBLICATIONS v RENE RIVKIN [1999] NSWCA 164

Leave to appeal was refused because the impugned imputation was not ambiguous in context and did not extend to remoter forms of criminal liability; a true innuendo does not generally require proof that extrinsic facts exist objectively beyond the belief or opinion of the relevant readers; and in s 7A defamation proceedings interlocutory pleading rulings should generally await correction, if necessary, on appeal after final judgment.

Jurisdiction
Australia
Judgment Date
19 May 1999
Procedural Posture
Defamation / Summons for Leave to Appeal From Interlocutory Decisions
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
['whether Imputation Ambiguous' 'true Innuendo' 'whether Need to Prove Objective Truth of Extrinsic Facts' 'defamation Act 1974, S 7 A' 'appeals From Interlocutory Decisions']
['defamation' 'civil Procedure'] ['whether Imputation Ambiguous' 'true Innuendo' 'whether Need to Prove Objective Truth of Extrinsic Facts' 'defamation Act 1974, S 7 A' 'appeals From Interlocutory Decisions']

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Procedural Posture

Defamation / Summons for Leave to Appeal From Interlocutory Decisions

Legal Issues

  1. 1 ['Whether the imputation that the plaintiff was a person criminally liable in respect of murder was ambiguous because it could include remoter forms of criminal liability.' 'Whether a plaintiff seeking to establish a true innuendo must plead the extrinsic facts and prove their objective truth.' 'Whether leave to appeal should be granted to challenge interlocutory pleading decisions in defamation proceedings governed by s 7A of the Defamation Act 1974.']

Ratio Decidendi

Leave to appeal was refused because the impugned imputation was not ambiguous in context and did not extend to remoter forms of criminal liability; a true innuendo does not generally require proof that extrinsic facts exist objectively beyond the belief or opinion of the relevant readers; and in s 7A defamation proceedings interlocutory pleading rulings should generally await correction, if necessary, on appeal after final judgment.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

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