COTTER v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 71
The article is, as a matter of law, capable of conveying the two contextual imputations pleaded by the defendant; therefore, the plaintiff's application to have the defence of contextual truth struck out on a capacity basis is dismissed.
- Parties
- Plaintiff: Barry Cotter; Defendant: John Fairfax Publications Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 17 February 2003
- Procedural Posture
- Defamation / Interlocutory Application for Determination of Capacity of Matter to Carry Contextual Imputations (contextual Truth Defence)
- Outcome
- Plaintiff's application dismissed; matter is capable of carrying the contextual imputations as a matter of law.
- Legal Topics
- Contextual Imputations, Capacity, Contextual Truth Defence
Case Brief
Summary, issues, holding and outcome
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Parties
Barry Cotter
Plaintiff
John Fairfax Publications Pty Ltd
Defendant
Procedural Posture
Defamation / Interlocutory Application for Determination of Capacity of Matter to Carry Contextual Imputations (contextual Truth Defence)
Legal Issues
- 1 Whether the article is capable of conveying the contextual imputations pleaded by the defendant under s 16 of the Defamation Act 1974
Ratio Decidendi
The article is, as a matter of law, capable of conveying the two contextual imputations pleaded by the defendant; therefore, the plaintiff's application to have the defence of contextual truth struck out on a capacity basis is dismissed.
Court Disposition
Plaintiff's application dismissed; matter is capable of carrying the contextual imputations as a matter of law.
Orders
- Plaintiff's application is dismissed.
- Plaintiff to pay the defendant's costs.
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