Keating v Newcastle Newspapers P/L [2000] NSWSC 726

Keating v Newcastle Newspapers P/L [2000] NSWSC 726

The inset and editorial were capable of materially altering or qualifying the pleaded imputations that imputed guilt or misconduct to the plaintiff, because they characterised the parliamentary allegations as unsupported, politically motivated and condemnable. They therefore had to be included as part of the matter complained of.

Jurisdiction
Australia
Judgment Date
01 August 2000
Procedural Posture
Defamation / Defendant's Application to "strike In" Material Accompanying the Matter Complained of
Outcome
Defendant's application upheld.
Legal Topics
['matter Complained Of' 'imputations' 'strike in Application' 'newspaper Publication' 'section 7 a Hearing']
['defamation Law' 'civil Procedure'] ['matter Complained Of' 'imputations' 'strike in Application' 'newspaper Publication' 'section 7 a Hearing']

Case Brief

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Procedural Posture

Defamation / Defendant's Application to "strike In" Material Accompanying the Matter Complained of

Legal Issues

  1. 1 ['Whether the plaintiff was obliged to amend the statement of claim to include the inset box on the front page and the editorial published with the allegedly defamatory article.' 'Whether the editorial and inset were capable of materially altering or qualifying the imputations conveyed by the article relied upon by the plaintiff.']

Ratio Decidendi

The inset and editorial were capable of materially altering or qualifying the pleaded imputations that imputed guilt or misconduct to the plaintiff, because they characterised the parliamentary allegations as unsupported, politically motivated and condemnable. They therefore had to be included as part of the matter complained of.

Court Disposition

Defendant's application upheld.

Orders

  • ["I uphold the defendant's application." 'I give leave to the plaintiff to file an Amended Statement of Claim incorporating the insert box on the front page and the editorial.' "The plaintiff should pay the defendant's costs."]