Hayson v Nationwide News Pty Limited [2019] FCA 81

Hayson v Nationwide News Pty Limited [2019] FCA 81

The respondents did not meet the necessary threshold to compel the applicant to include the Wilson Report as part of the first or second matter complained of. There exists a reasonable and compelling interpretation that the Wilson Report is a separate and distinct publication, not inextricably tied to the matters complained of. Therefore, the only reasonable view open is not that the Wilson Report must be included, and the forensic choice of the applicant is permitted.

Parties
Applicant: Edward Hayson; First Respondent: Nationwide News Pty Limited; Second Respondent: News Life Media Pty Limited; Third Respondent: Michael Carayannis
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Interlocutory Application (strike In) in Defamation Proceeding / Interlocutory Application Decision
Outcome
Application dismissed with costs
Legal Topics
Pleading Requirements, Separate Publication, Contextual Meaning, Interlocutory Applications
Defamation Pleading Requirements Separate Publication Contextual Meaning Interlocutory Applications

Case Brief

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Parties

Edward Hayson

Applicant

Nationwide News Pty Limited

First Respondent

News Life Media Pty Limited

Second Respondent

Michael Carayannis

Third Respondent

Procedural Posture

Interlocutory Application (strike In) in Defamation Proceeding / Interlocutory Application Decision

Legal Issues

  1. 1 Whether applicant can be compelled to include additional article (Wilson Report) as part of the matters complained of in the statement of claim
  2. 2 Whether the Wilson Report forms part of the same publication as the first matter complained of

Ratio Decidendi

The respondents did not meet the necessary threshold to compel the applicant to include the Wilson Report as part of the first or second matter complained of. There exists a reasonable and compelling interpretation that the Wilson Report is a separate and distinct publication, not inextricably tied to the matters complained of. Therefore, the only reasonable view open is not that the Wilson Report must be included, and the forensic choice of the applicant is permitted.

Court Disposition

Application dismissed with costs

Orders

  • The respondents' interlocutory application dated 26 July 2018 be dismissed.
  • The respondents pay the applicant's costs of and incidental to the interlocutory application as assessed or agreed.