Packer v John Fairfax Publications Pty Ltd [2006] NSWSC 940

Packer v John Fairfax Publications Pty Ltd [2006] NSWSC 940

In proceedings 20324 of 2005, the publication was capable of conveying imputations of unlawful conduct and a threat, and the imputation that the plaintiff was a key suspect in the destruction of C7 was capable of being defamatory; however, imputation 4(a) required amendment because the article was not capable of conveying use of PBL's market power and because of defects in form, and imputation 4(c) was not capable of being conveyed because the article did not refer to specific laws or a class of competition laws. In proceedings 20328 of 2005, imputations (a) and (c) concerning serious breach of duties by knowingly permitting insolvent trading were capable of being conveyed, but...

Jurisdiction
Australia
Judgment Date
14 September 2006
Procedural Posture
Defamation Proceedings / Separate Trial of Issues Concerning Imputations; Defendants' Objections Pursuant to SCR Part 67 Rule 12 a and Application to Strike Out Imputations
Outcome
Defendants' objections upheld in part and rejected in part; some imputations struck out and leave or liberty to amend or replead granted.
Legal Topics
['capacity of Words in Their Natural and Ordinary Meaning to Convey Imputations' 'true Innuendo' 'form of Pleaded Imputations' 'strike Out of Statement of Claim' 'newspaper Publication' 'internet Publication']
['defamation' 'civil Procedure'] ['capacity of Words in Their Natural and Ordinary Meaning to Convey Imputations' 'true Innuendo' 'form of Pleaded Imputations' 'strike Out of Statement of Claim' 'newspaper Publication' 'internet Publication']

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 / Separate Trial of Issues Concerning Imputations; Defendants' Objections Pursuant to SCR Part 67 Rule 12 a and Application to Strike Out Imputations

Legal Issues

  1. 1 ['Whether the matter complained of in proceedings numbered 20324 of 2005 was capable of conveying the pleaded imputations in their natural and ordinary meaning or by true innuendo.' 'Whether the pleaded imputations in proceedings numbered 20324 of 2005 were defective in form or incapable of being defamatory.' "Whether the matter complained of in proceedings numbered 20328 of 2005 was capable of conveying the pleaded imputations concerning One.Tel, insolvency and directors' duties." "Whether imputations in proceedings numbered 20328 of 2005 alleging causation of One.Tel's collapse were capable of being conveyed."]

Ratio Decidendi

In proceedings 20324 of 2005, the publication was capable of conveying imputations of unlawful conduct and a threat, and the imputation that the plaintiff was a key suspect in the destruction of C7 was capable of being defamatory; however, imputation 4(a) required amendment because the article was not capable of conveying use of PBL's market power and because of defects in form, and imputation 4(c) was not capable of being conveyed because the article did not refer to specific laws or a class of competition laws. In proceedings 20328 of 2005, imputations (a) and (c) concerning serious breach of duties by knowingly permitting insolvent trading were capable of being conveyed, but...

Court Disposition

Defendants' objections upheld in part and rejected in part; some imputations struck out and leave or liberty to amend or replead granted.

Orders

  • ['Proceedings numbered 20324 of 2005: The plaintiff has leave to amend imputation 4(a).' 'Proceedings numbered 20324 of 2005: Imputation 4(c) is struck out.' 'Proceedings numbered 20324 of 2005: Liberty to replead.' 'Proceedings numbered 20328 of 2005: Imputations (b) and (d) are struck out.']