Lee v Fairfax Media Publications Pty Ltd (No. 2) [2014] NSWDC 221

Lee v Fairfax Media Publications Pty Ltd (No. 2) [2014] NSWDC 221

The challenged reasonable suspicion imputations based on suspicion held by the journalist were not capable of carrying the same defamatory meaning as suspicion by police or an investigatory body, because the journalist was not shown by the publication to have the relevant status, authority, relationship, or expert investigative role. The guilt imputation was inconsistent with the earlier ruling that the publications conveyed suspicion and not guilt. The fraud imputation was not capable of arising in the present tense because the relevant publication, read in context, referred to a past investigation. All challenged imputations were therefore struck out, with leave to replead only for the...

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Civil Defamation Proceeding / Interlocutory Applications Concerning Form and Capacity of Pleaded Imputations
Outcome
Defendants' challenges to form and capacity succeeded; specified imputations were struck out and the plaintiff was ordered to pay the defendants' costs.
Legal Topics
['defamatory Imputations' 'form and Capacity' 'reasonable Suspicion Imputations' 'strike Out' 'leave to Replead']
['tort' 'defamation'] ['defamatory Imputations' 'form and Capacity' 'reasonable Suspicion Imputations' 'strike Out' 'leave to Replead']

Case Brief

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Procedural Posture

Civil Defamation Proceeding / Interlocutory Applications Concerning Form and Capacity of Pleaded Imputations

Legal Issues

  1. 1 ['Whether imputations alleging that the plaintiff was reasonably suspected by the journalist, rather than by police or another investigatory body, were capable of being defamatory.' 'Whether an imputation that the plaintiff became a fugitive because he knew he was guilty of murder was capable of arising from publications previously held to convey suspicion rather than guilt.' 'Whether an imputation that the plaintiff is being investigated by police for fraud was capable of arising where the matter complained of referred to past investigation.']

Ratio Decidendi

The challenged reasonable suspicion imputations based on suspicion held by the journalist were not capable of carrying the same defamatory meaning as suspicion by police or an investigatory body, because the journalist was not shown by the publication to have the relevant status, authority, relationship, or expert investigative role. The guilt imputation was inconsistent with the earlier ruling that the publications conveyed suspicion and not guilt. The fraud imputation was not capable of arising in the present tense because the relevant publication, read in context, referred to a past investigation. All challenged imputations were therefore struck out, with leave to replead only for the...

Court Disposition

Defendants' challenges to form and capacity succeeded; specified imputations were struck out and the plaintiff was ordered to pay the defendants' costs.

Orders

  • ['Imputations 3(c)(ii), 3(f)(ii), 3(g)(i), 5(c)(ii), 5(f)(ii) and 5(g)(i) are struck out.' 'Imputations 5(h) and 5(i) struck out with leave to replead.' "Plaintiff is to pay the defendants' costs." 'Further Amended Statement of Claim in 14 days.' 'Matter listed for directions on Friday 19 December 2014.']