ALAN JONES v JOHN FAIRFAX PUBLICATIONS PTY LTD & ANOR [2002] NSWSC 1211

ALAN JONES v JOHN FAIRFAX PUBLICATIONS PTY LTD & ANOR [2002] NSWSC 1211

The Court held that the pleaded contextual imputations (including generalised dishonesty and betrayal) were incapable of being carried by the article, being far-fetched, forced, strained and fanciful meanings. Accordingly, the contextual truth and related interstate defences, as well as particulars relying upon them, were struck out. The Court also struck out particulars in mitigation of damages relying on the substantial truth of the contextual imputations but allowed particulars relating to post-publication bad reputation to remain.

Parties
Plaintiff: Alan Jones; First Defendant: John Fairfax Publications Pty Ltd; Second Defendant: David Leser
Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Defamation / Interlocutory Application to Strike Out Parts of Defence
Outcome
Application granted in part; relevant paragraphs of Defence struck out; costs order made.
Legal Topics
Contextual Imputations, Mitigation of Damages, Capacity to Carry Defamatory Imputations, Interlocutory Strike Out
Defamation Contextual Imputations Mitigation of Damages Capacity to Carry Defamatory Imputations Interlocutory Strike Out

Case Brief

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Parties

Alan Jones

Plaintiff

John Fairfax Publications Pty Ltd

First Defendant

David Leser

Second Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out Parts of Defence

Legal Issues

  1. 1 Whether the matter complained of is capable of carrying pleaded contextual imputations
  2. 2 Whether particulars of mitigation of damages relying on contextual imputations should be struck out
  3. 3 Whether defendants can qualify admissions regarding publication

Ratio Decidendi

The Court held that the pleaded contextual imputations (including generalised dishonesty and betrayal) were incapable of being carried by the article, being far-fetched, forced, strained and fanciful meanings. Accordingly, the contextual truth and related interstate defences, as well as particulars relying upon them, were struck out. The Court also struck out particulars in mitigation of damages relying on the substantial truth of the contextual imputations but allowed particulars relating to post-publication bad reputation to remain.

Court Disposition

Application granted in part; relevant paragraphs of Defence struck out; costs order made.

Orders

  • Paragraphs 4, 6, 7 and 8 of the Defence are struck out.
  • Particulars of New South Wales defences (A)(1), (2), (3) and (4) are struck out.