Goodfellow v Fairfax Media Publications Pty Limited [2017] FCA 1152

Goodfellow v Fairfax Media Publications Pty Limited [2017] FCA 1152

None of the challenged imputations were ambiguous or bad in form when read in context; all were sufficiently clear to enable the respondents to plead to them. The publication was capable of conveying each of the pleaded imputations as a matter of law, and there was no proper basis for ordering a separate trial of form or capacity questions. The interlocutory application failed and was dismissed with costs.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Interlocutory Application in Defamation Proceedings / Determination of Application to Strike Out Imputations and for Separate Trial
Outcome
Interlocutory application dismissed with costs.
Legal Topics
['pleadings' 'capacity of Publication to Convey Imputation' 'form of Defamation Imputations' 'strike Out Applications']
['defamation' 'civil Procedure'] ['pleadings' 'capacity of Publication to Convey Imputation' 'form of Defamation Imputations' 'strike Out Applications']

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Procedural Posture

Interlocutory Application in Defamation Proceedings / Determination of Application to Strike Out Imputations and for Separate Trial

Legal Issues

  1. 1 ['Whether the pleaded defamatory imputations are bad in form under the Federal Court Rules 2011 (Cth)' 'Whether the article was capable of conveying the pleaded imputations' 'Whether there should be a separate trial of the form and capacity questions under r 30.01']

Ratio Decidendi

None of the challenged imputations were ambiguous or bad in form when read in context; all were sufficiently clear to enable the respondents to plead to them. The publication was capable of conveying each of the pleaded imputations as a matter of law, and there was no proper basis for ordering a separate trial of form or capacity questions. The interlocutory application failed and was dismissed with costs.

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • ['The interlocutory application filed by the respondents on 3 August 2017 be dismissed.' "The respondents pay the applicant's costs of and associated with the interlocutory application." 'The parties provide consent orders to the Associate to Justice Wigney for the further conduct of the proceeding within 14 days,...