Newhouse v News Limited (No 2) [2015] NSWSC 567

Newhouse v News Limited (No 2) [2015] NSWSC 567

The contextual truth defence was struck out because the pleaded contextual imputation was incapable of being conveyed by the matter complained of: the publication did not convey that the plaintiff acted unprofessionally, did not support the characterisation of the comparison as odious, and did not suggest that the plaintiff well knew the comparison was exaggerated and untenable. The discovery categories sought by the plaintiff were necessary because publication remained a live issue on the pleadings despite the defendants' identification of entities said to be the correct publishers. The disputed interrogatories were allowed because they followed the discovery ruling, related to a...

Jurisdiction
Australia
Judgment Date
04 March 2015
Procedural Posture
Defamation Proceedings / Second Listing Hearing; Procedural Ruling
Outcome
Defence of contextual truth struck out; plaintiff's applications for discovery and interrogatories substantially granted.
Legal Topics
['defence of Contextual Truth' 'capacity of Contextual Imputation' 'discovery' 'interrogatories' 'publication' 'injunctive Relief']
['defamation' 'civil Procedure'] ['defence of Contextual Truth' 'capacity of Contextual Imputation' 'discovery' 'interrogatories' 'publication' 'injunctive Relief']

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

Defamation Proceedings / Second Listing Hearing; Procedural Ruling

Legal Issues

  1. 1 ["Whether the defendants' contextual imputation was capable of arising from the matter complained of." 'Whether the particulars pleaded in support of the contextual truth defence were capable of proving the substantial truth of the contextual imputation and capable of proof.' 'Whether the contextual imputation was capable of having the statutory effect required by s 26 of the Defamation Act 2005 (NSW).' 'Whether discovery of documents concerning copyright ownership in articles authored by the second defendant and arrangements concerning the Courier Mail website was necessary.' 'Whether the plaintiff should have leave to administer disputed interrogatories to the defendants.']

Ratio Decidendi

The contextual truth defence was struck out because the pleaded contextual imputation was incapable of being conveyed by the matter complained of: the publication did not convey that the plaintiff acted unprofessionally, did not support the characterisation of the comparison as odious, and did not suggest that the plaintiff well knew the comparison was exaggerated and untenable. The discovery categories sought by the plaintiff were necessary because publication remained a live issue on the pleadings despite the defendants' identification of entities said to be the correct publishers. The disputed interrogatories were allowed because they followed the discovery ruling, related to a...

Court Disposition

Defence of contextual truth struck out; plaintiff's applications for discovery and interrogatories substantially granted.

Orders

  • ["Defendants to respond to the plaintiff's request for particulars." 'Plaintiff granted leave to administer interrogatories to the first and second defendants in the form provided to the Court.' 'Defendants to serve verified lists of documents in relation to the categories of documents identified by the plaintiff.'...