Blake v John Fairfax Publications & Anor [2001] NSWSC 885

Blake v John Fairfax Publications & Anor [2001] NSWSC 885

The proposed contextual imputations were not rationally or substantially different from those already found defamatory by the jury and thus provided no meritorious basis for amendment; mediation was refused as disproportionate given an imminent hearing solely for assessment of damages.

Parties
Plaintiff: Dominic Blake; First Defendant: John Fairfax Publications Pty Ltd; Second Defendant: David Syme & Co. Limited
Jurisdiction
Australia
Judgment Date
05 October 2001
Procedural Posture
Defamation / Application to Amend Defence and for Compulsory Mediation After Jury Verdict But Before Assessment of Damages
Outcome
Leave to amend Defence refused; application for compulsory mediation refused
Legal Topics
Contextual Truth Defence, Amendment of Pleadings, Compulsory Mediation
Defamation Civil Procedure Contextual Truth Defence Amendment of Pleadings Compulsory Mediation

Case Brief

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Parties

Dominic Blake

Plaintiff

John Fairfax Publications Pty Ltd

First Defendant

David Syme & Co. Limited

Second Defendant

Procedural Posture

Defamation / Application to Amend Defence and for Compulsory Mediation After Jury Verdict But Before Assessment of Damages

Legal Issues

  1. 1 Whether leave should be granted to amend the Defence to plead new contextual imputations under s 16 of the Defamation Act 1974
  2. 2 Whether an order for compulsory mediation should be made under s 110K of the Supreme Court Act 1970

Ratio Decidendi

The proposed contextual imputations were not rationally or substantially different from those already found defamatory by the jury and thus provided no meritorious basis for amendment; mediation was refused as disproportionate given an imminent hearing solely for assessment of damages.

Court Disposition

Leave to amend Defence refused; application for compulsory mediation refused

Orders

  • Both defendants to pay the plaintiff's costs of the amended notice of motion