Moubarak v Nationwide News Pty Limited & Anor [2001] NSWSC 176

Moubarak v Nationwide News Pty Limited & Anor [2001] NSWSC 176

Even if the plaintiff were able to prove all the facts pleaded, posing for a photograph alone is insufficient to establish a causal connection with publication in the media, and does not establish liability of the police officers or the State of New South Wales for defamatory imputations arising from such publication.

Parties
Plaintiff: Danny Mourbarak; First Defendant: Nationwide News Pty Limited; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Defamation / Application to Strike Out Pleadings
Outcome
Paragraphs pleaded in defamation against the second defendant are struck out from the statement of claim.
Legal Topics
Imputations, Implied Authorisation to Publish, Media Photographs, Pleadings
Defamation Imputations Implied Authorisation to Publish Media Photographs Pleadings

Case Brief

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Parties

Danny Mourbarak

Plaintiff

Nationwide News Pty Limited

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Defamation / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether posing for a photograph can be taken as implied authority to publish the photograph
  2. 2 Whether it is necessary to plead knowledge that the photograph will or might be used for media purposes
  3. 3 Whether the plaintiff's pleadings disclose a reasonable cause of action against the State of New South Wales

Ratio Decidendi

Even if the plaintiff were able to prove all the facts pleaded, posing for a photograph alone is insufficient to establish a causal connection with publication in the media, and does not establish liability of the police officers or the State of New South Wales for defamatory imputations arising from such publication.

Court Disposition

Paragraphs pleaded in defamation against the second defendant are struck out from the statement of claim.

Orders

  • The paragraphs pleaded in defamation against the second defendant will be struck from the statement of claim.