Litchfield v Fairfax Digital Australia & New Zealand Pty Ltd [2017] NSWDC 31

Litchfield v Fairfax Digital Australia & New Zealand Pty Ltd [2017] NSWDC 31

Imputation 3D(a)—that the plaintiff had non-consensual sexual intercourse with four female patients—is not reasonably capable of being conveyed by the article to an ordinary reasonable reader. The article does not draw any connection or make distinctions supporting such an inference, and even with a generous threshold, such a conclusion would require a level of speculation not supported by the text or context.

Parties
Plaintiff: Bruce Litchfield; First Defendant: Fairfax Digital Australia & New Zealand Pty Ltd; Second Defendant: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
02 March 2017
Procedural Posture
Civil / Application/interlocutory Ruling on Strike Out of Imputation
Outcome
Imputation 3D(a) struck out. Plaintiff to pay defendant's costs. Liberty to bring in Short Minutes of Order for a timetable.
Legal Topics
Imputations, Capacity, Procedure
Tort Defamation Imputations Capacity Procedure

Case Brief

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Parties

Bruce Litchfield

Plaintiff

Fairfax Digital Australia & New Zealand Pty Ltd

First Defendant

Fairfax Media Publications Pty Ltd

Second Defendant

Procedural Posture

Civil / Application/interlocutory Ruling on Strike Out of Imputation

Legal Issues

  1. 1 Whether imputation 3D(a) is reasonably capable of being conveyed to the ordinary reasonable reader in a defamation proceeding

Ratio Decidendi

Imputation 3D(a)—that the plaintiff had non-consensual sexual intercourse with four female patients—is not reasonably capable of being conveyed by the article to an ordinary reasonable reader. The article does not draw any connection or make distinctions supporting such an inference, and even with a generous threshold, such a conclusion would require a level of speculation not supported by the text or context.

Court Disposition

Imputation 3D(a) struck out. Plaintiff to pay defendant's costs. Liberty to bring in Short Minutes of Order for a timetable.

Orders

  • Imputation 3D(a) is struck out as not reasonably capable of being conveyed.
  • Plaintiff pay defendant's costs.