FANMAC Ltd v JOHN FAIRFAX GROUP Pty Ltd [1993] NSWCA 92

FANMAC Ltd v JOHN FAIRFAX GROUP Pty Ltd [1993] NSWCA 92

The tribunal of fact could, as a matter of law, conclude that the published article was capable of conveying the pleaded imputations about misapplication and misuse of company funds; thus, the claim should not have been struck out at this stage.

Source-derived case information.

Parties
Appellant: FANMAC Ltd; Respondent: JOHN FAIRFAX GROUP Pty Ltd
Jurisdiction
Australia
Judgment Date
29 April 1993
Procedural Posture
Appeal / Appeal From Order Striking Out Statement of Claim in Defamation Proceedings
Outcome
Appeal upheld
Legal Topics
Corporate Defamation, Imputations in Media Publications, Preliminary Questions of Law, Pleading Standards
Defamation Torts Corporate Defamation Imputations in Media Publications Preliminary Questions of Law Pleading Standards

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Parties

FANMAC Ltd

Appellant

JOHN FAIRFAX GROUP Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal From Order Striking Out Statement of Claim in Defamation Proceedings

Legal Issues

  1. 1 Whether the article published was capable of conveying the imputations pleaded by the plaintiff
  2. 2 Whether the alleged imputations were capable of being defamatory of the company

Ratio Decidendi

The tribunal of fact could, as a matter of law, conclude that the published article was capable of conveying the pleaded imputations about misapplication and misuse of company funds; thus, the claim should not have been struck out at this stage.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld
  • If and insofar as necessary, the order below in respect of the preliminary question set aside