Pavy v John Fairfax Publications Pty Ltd [2000] NSWSC 328

Pavy v John Fairfax Publications Pty Ltd [2000] NSWSC 328

The defendant's contextual truth defence fails because the contextual imputation pleaded is not substantially true in a way that outweighs the plaintiff's imputations, and attempts to rely on prejudice or illegitimate reasoning. Accordingly, paragraph 4 of the defence should be struck out.

Parties
Plaintiff: Errol Pavy; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
18 April 2000
Procedural Posture
Defamation / Interlocutory Application to Strike Out Part of Defence
Outcome
Paragraph 4 of the defence struck out; defendant to pay plaintiff's costs of the application.
Legal Topics
Contextual Truth Defence, Imputations, Defamation Law, Qualified Privilege
Defamation Contextual Truth Defence Imputations Defamation Law Qualified Privilege

Case Brief

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Parties

Errol Pavy

Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out Part of Defence

Legal Issues

  1. 1 Whether the contextual truth defence as pleaded is sustainable and should be struck out
  2. 2 Whether the contextual imputation pleaded by the defendant is more damaging than the imputations pleaded by the plaintiff

Ratio Decidendi

The defendant's contextual truth defence fails because the contextual imputation pleaded is not substantially true in a way that outweighs the plaintiff's imputations, and attempts to rely on prejudice or illegitimate reasoning. Accordingly, paragraph 4 of the defence should be struck out.

Court Disposition

Paragraph 4 of the defence struck out; defendant to pay plaintiff's costs of the application.

Orders

  • Paragraph 4 of the defence will be struck out.
  • The defendant is to pay the plaintiff's costs of the application.