Bateman v Fairfax Media Publications Pty Ltd [2014] NSWSC 400

Bateman v Fairfax Media Publications Pty Ltd [2014] NSWSC 400

The interests of justice require that, when the defendants plead the defences of honest opinion of a commentator and comment of a stranger, they must provide particulars identifying the persons whose opinion or comment is relied upon; otherwise, those parts of the defence will be struck out.

Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Defamation and Injurious Falsehood Proceedings / Interlocutory Application to Strike Out Parts of Amended Defence
Outcome
Application granted in part, refused in part
Legal Topics
['defences' 'honest Opinion' 'comment of a Stranger' 'newspaper Rule' 'fair Report' 'pleading']
['defamation'] ['defences' 'honest Opinion' 'comment of a Stranger' 'newspaper Rule' 'fair Report' 'pleading']

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Procedural Posture

Defamation and Injurious Falsehood Proceedings / Interlocutory Application to Strike Out Parts of Amended Defence

Legal Issues

  1. 1 ['Whether statutory defence of honest opinion of a commentator and common law defence of comment of a stranger should be struck out for failure to provide particulars identifying the commentator' 'Application of the newspaper rule to withholding the identity of sources relied on in defences' 'Whether pleading of defence of fair report is deficient']

Ratio Decidendi

The interests of justice require that, when the defendants plead the defences of honest opinion of a commentator and comment of a stranger, they must provide particulars identifying the persons whose opinion or comment is relied upon; otherwise, those parts of the defence will be struck out.

Court Disposition

Application granted in part, refused in part

Orders

  • ['Unless the defendants provide particulars within 14 days identifying the persons whose honest opinion or comment is relied upon in support of the defences of honest opinion of a commentator and comment of a stranger, the relevant parts of the amended defence be struck out.' 'Application to have defence of fair...