Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 7

Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 7

The contextual imputations pleaded by the defendant are capable of being conveyed by the publications when viewed as a whole and are sufficiently distinct in substance from the plaintiff's own imputations. The requirements of s 26 of the Defamation Act 2005 are met, and the plaintiff's objections must be dismissed.

Jurisdiction
Australia
Judgment Date
25 January 2013
Procedural Posture
Interlocutory Application / Ruling on Plaintiff's Objections to Contextual Truth Defence
Outcome
Plaintiff's application dismissed with costs.
Legal Topics
['contextual Truth' 'defences to Defamation' 'pleadings' 'imputations']
['defamation'] ['contextual Truth' 'defences to Defamation' 'pleadings' 'imputations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Ruling on Plaintiff's Objections to Contextual Truth Defence

Legal Issues

  1. 1 ['Whether contextual imputations pleaded in defence are capable of being conveyed by the articles' "Whether contextual imputations arise 'in addition to' the plaintiff's imputations as required by s 26 of the Defamation Act 2005"]

Ratio Decidendi

The contextual imputations pleaded by the defendant are capable of being conveyed by the publications when viewed as a whole and are sufficiently distinct in substance from the plaintiff's own imputations. The requirements of s 26 of the Defamation Act 2005 are met, and the plaintiff's objections must be dismissed.

Court Disposition

Plaintiff's application dismissed with costs.

Orders

  • ["Plaintiff's application is dismissed." "Plaintiff to pay the defendant's costs."]