Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 3) [2014] NSWSC 1619

Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 3) [2014] NSWSC 1619

The facts upon which comment is based must be stated in the broadcast; evidence proving their truth does not need to be included. Contextual imputations must be 'additional' to those pleaded by the plaintiff as per s26 of the Defamation Act 2005.

Parties
Plaintiff: Brian Stanley Fisher; First Defendant: Channel Seven Sydney Pty Ltd
Jurisdiction
Australia
Judgment Date
24 September 2014
Procedural Posture
Interlocutory Application / Ruling on Jury Directions and Defence Arguments
Outcome
Argument of defence of comment available; jury will be directed on contextual imputation in accordance with reasons given.
Legal Topics
Defence of Comment, Contextual Imputation, Jury Directions
Defamation Defence of Comment Contextual Imputation Jury Directions

Case Brief

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Parties

Brian Stanley Fisher

Plaintiff

Channel Seven Sydney Pty Ltd

First Defendant

Procedural Posture

Interlocutory Application / Ruling on Jury Directions and Defence Arguments

Legal Issues

  1. 1 Whether the defence of comment is available where facts are inaccurately stated in the publication
  2. 2 Whether a contextual imputation must be 'additional' and not one pleaded by the plaintiff

Ratio Decidendi

The facts upon which comment is based must be stated in the broadcast; evidence proving their truth does not need to be included. Contextual imputations must be 'additional' to those pleaded by the plaintiff as per s26 of the Defamation Act 2005.

Court Disposition

Argument of defence of comment available; jury will be directed on contextual imputation in accordance with reasons given.

Orders

  • Direction to jury on contextual imputation to be given as outlined in reasons.
  • Defence of comment available for argument based on evidence.