Cornwell v Channel Seven Sydney Pty Limited [2015] NSWSC 1673

Cornwell v Channel Seven Sydney Pty Limited [2015] NSWSC 1673

Contextual imputations (i) and (ii) were incapable of arising because the broadcast's bare references to the plaintiff as a casualty of ICAC hearings into Liberal Party finances could not convey serious misconduct, resignation, disgrace of the Government, or exposure by ICAC. Contextual imputation (iii) was capable of arising and of satisfying s 26 because a general imputation of dishonesty can differ in substance from specific pleaded imputations and may arise from a series of alleged dishonest acts. Contextual imputation (iv) was capable of arising from the plaintiff's denial of knowledge of the illegal investment scheme combined with the statement that a director or officer cannot...

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Defamation Proceedings / Procedural Ruling on Plaintiff's Objections to the Defence, Including Contextual Truth Imputations
Outcome
Contextual imputations (i) and (ii) struck out; objections to contextual imputations (iii) and (iv) rejected.
Legal Topics
['contextual Truth' 'defamatory Imputations' 'capability of Imputations' 'defamation Act 2005 (nsw), S 26']
['defamation'] ['contextual Truth' 'defamatory Imputations' 'capability of Imputations' 'defamation Act 2005 (nsw), S 26']

Case Brief

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Procedural Posture

Defamation Proceedings / Procedural Ruling on Plaintiff's Objections to the Defence, Including Contextual Truth Imputations

Legal Issues

  1. 1 ['Whether each pleaded contextual imputation was capable of arising from the matter complained of' "Whether the pleaded imputation that the plaintiff is dishonest was capable of arising in addition to the plaintiff's pleaded imputations for the purposes of s 26 of the Defamation Act 2005 (NSW)"]

Ratio Decidendi

Contextual imputations (i) and (ii) were incapable of arising because the broadcast's bare references to the plaintiff as a casualty of ICAC hearings into Liberal Party finances could not convey serious misconduct, resignation, disgrace of the Government, or exposure by ICAC. Contextual imputation (iii) was capable of arising and of satisfying s 26 because a general imputation of dishonesty can differ in substance from specific pleaded imputations and may arise from a series of alleged dishonest acts. Contextual imputation (iv) was capable of arising from the plaintiff's denial of knowledge of the illegal investment scheme combined with the statement that a director or officer cannot...

Court Disposition

Contextual imputations (i) and (ii) struck out; objections to contextual imputations (iii) and (iv) rejected.

Orders

  • ['Contextual imputations (i) and (ii) are struck out of the defence.' 'Contextual imputations (iii) and (iv) will go to the jury.' 'Defendants to be heard as to whether they should have leave to re-plead contextual imputations (i) and (ii).']