John Casella v Fairfax Media Publications Pty Ltd & Ors [2011] NSWSC 1256

John Casella v Fairfax Media Publications Pty Ltd & Ors [2011] NSWSC 1256

The imputations that the plaintiff was a member of the Mafia or involved in organised crime (pars 6(a), (b), (c), (d)) were not reasonably capable of being conveyed by the article, and were struck out. However, the imputation that the plaintiff deceitfully pays for philanthropy to cover up his family's criminal activities (par 6(e)) was capable of being conveyed and is to be left to the jury.

Parties
Plaintiff: John Casella; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Fairfax Digital Australia and New Zealand Pty Ltd; Third Defendant: Jason Koutsoukis; Fourth Defendant: Kate McClymont
Jurisdiction
Australia
Judgment Date
27 October 2011
Procedural Posture
Interlocutory Application / Application to Strike Out Pleadings
Outcome
Imputations of Mafia membership and related criminality struck out; imputation regarding deceitful philanthropy to cover up family criminal activities to go to jury; costs ordered against plaintiff.
Legal Topics
Pleadings, Imputations, Capacity to Convey Imputation, Meaning of Publication
Defamation Pleadings Imputations Capacity to Convey Imputation Meaning of Publication

Case Brief

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Parties

John Casella

Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Fairfax Digital Australia and New Zealand Pty Ltd

Second Defendant

Jason Koutsoukis

Third Defendant

Kate McClymont

Fourth Defendant

Procedural Posture

Interlocutory Application / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether the article was capable of conveying the pleaded imputations, particularly that the plaintiff is a member of the Mafia or involved in criminal activities.
  2. 2 Whether imputation (e) regarding deceitful philanthropy to cover up criminal activities was capable of being conveyed.

Ratio Decidendi

The imputations that the plaintiff was a member of the Mafia or involved in organised crime (pars 6(a), (b), (c), (d)) were not reasonably capable of being conveyed by the article, and were struck out. However, the imputation that the plaintiff deceitfully pays for philanthropy to cover up his family's criminal activities (par 6(e)) was capable of being conveyed and is to be left to the jury.

Court Disposition

Imputations of Mafia membership and related criminality struck out; imputation regarding deceitful philanthropy to cover up family criminal activities to go to jury; costs ordered against plaintiff.

Orders

  • Imputations in par 6(a), (b), (c), and (d) of the amended statement of claim be struck out.
  • Imputation in par 6(e) be left to the jury.