Edward Hayson v John Fairfax Publications Pty Ltd [2007] NSWSC 763

Edward Hayson v John Fairfax Publications Pty Ltd [2007] NSWSC 763

The contextual truth defences should not be struck out or summarily dismissed because the contextual imputations are reasonably capable of being conveyed by the publication, the defence is sufficiently pleaded according to the rules, and it would be inappropriate to decide the issue in the absence of full evidence at trial.

Parties
Plaintiff: Edward Hayson; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Civil / Interlocutory (application to Strike Out Contextual Truth Defences)
Outcome
notice of motion dismissed
Legal Topics
Contextual Imputations, Contextual Truth Defence, Pleadings, Striking Out Pleadings, Uniform Civil Procedure Rules 2005, Defamation Act 2005
Defamation Contextual Imputations Contextual Truth Defence Pleadings Striking Out Pleadings Uniform Civil Procedure Rules 2005 Defamation Act 2005

Case Brief

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Parties

Edward Hayson

Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Civil / Interlocutory (application to Strike Out Contextual Truth Defences)

Legal Issues

  1. 1 Whether contextual imputations pleaded in the defence are capable of arising from the publication
  2. 2 Whether particulars pleaded in support of contextual imputations are sufficient
  3. 3 Whether contextual truth defences should be struck out under r 14.28 or summarily dismissed under the court's inherent jurisdiction

Ratio Decidendi

The contextual truth defences should not be struck out or summarily dismissed because the contextual imputations are reasonably capable of being conveyed by the publication, the defence is sufficiently pleaded according to the rules, and it would be inappropriate to decide the issue in the absence of full evidence at trial.

Court Disposition

notice of motion dismissed

Orders

  • the plaintiff's notice of motion filed 22 June 2007 be dismissed
  • the plaintiff pay the defendant's costs of the notice of motion