Lee v Fairfax Media Publications Pty Ltd [2014] NSWDC 172

Lee v Fairfax Media Publications Pty Ltd [2014] NSWDC 172

The publications were incapable of conveying Chase level 1 imputations that the plaintiff murdered the Lin family or Joo Won Choi, or that he was a mass murderer, multiple murderer or serial killer, because the publications stated that none of the persons of interest, including the plaintiff, matched the DNA and fingerprint evidence and presented police as at a dead end. The imputation that the plaintiff was tracked down by police did not capture a clear defamatory sting and was struck out with leave to replead. The publications were, however, capable of conveying Chase level 2 imputations that the plaintiff was reasonably suspected by police of having committed each murder.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Civil Defamation / Interlocutory Application for Rulings on the Form and Capacity of Imputations
Outcome
Imputations (a), (b), (d) and (e) struck out, with leave to replead imputation (b); imputations (c) and (f) ruled capable of being conveyed; plaintiff ordered to pay the defendants' costs of the argument.
Legal Topics
['imputations' 'form and Capacity' 'imputations of Reasonable Suspicion' 'strike Out']
['tort' 'defamation'] ['imputations' 'form and Capacity' 'imputations of Reasonable Suspicion' 'strike Out']

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Procedural Posture

Civil Defamation / Interlocutory Application for Rulings on the Form and Capacity of Imputations

Legal Issues

  1. 1 ['Whether the publications were capable of conveying imputations that the plaintiff murdered the Lin family and/or Joo Won Choi.' 'Whether the publications were capable of conveying an imputation that the plaintiff is a mass murderer, multiple murderer or serial killer.' 'Whether the imputation that the plaintiff was tracked down by police as part of the Lin family murder investigation sufficiently captured a defamatory sting.' 'Whether the publications were capable of conveying imputations that the plaintiff was reasonably suspected by police of having murdered the Lin family and Joo Won Choi.']

Ratio Decidendi

The publications were incapable of conveying Chase level 1 imputations that the plaintiff murdered the Lin family or Joo Won Choi, or that he was a mass murderer, multiple murderer or serial killer, because the publications stated that none of the persons of interest, including the plaintiff, matched the DNA and fingerprint evidence and presented police as at a dead end. The imputation that the plaintiff was tracked down by police did not capture a clear defamatory sting and was struck out with leave to replead. The publications were, however, capable of conveying Chase level 2 imputations that the plaintiff was reasonably suspected by police of having committed each murder.

Court Disposition

Imputations (a), (b), (d) and (e) struck out, with leave to replead imputation (b); imputations (c) and (f) ruled capable of being conveyed; plaintiff ordered to pay the defendants' costs of the argument.

Orders

  • ['Strike out the imputations currently pleaded as imputations (a), (b), (d) and (e), with leave to replead imputation (b).' 'Plaintiff to file an amended statement of claim in 7 days.' 'Matter stood over for further directions to Friday 31 October 2014.' "Plaintiff to pay the defendants' costs of the argument today."]