Hayson v. John Fairfax Publications Pty. Limited [2007] NSWCA 376

Hayson v. John Fairfax Publications Pty. Limited [2007] NSWCA 376

The application for leave to appeal was refused because the claimant did not show sufficient doubt about the primary judge's refusal to strike out the contextual imputations or particulars. The article was capable of conveying the challenged contextual imputations, the form objections did not warrant leave, and the particulars were not shown to fall so far short of permitting evidence capable of proving substantial truth that the imputations should be struck out.

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Defamation Proceedings / Application for Leave to Appeal From an Order Dismissing a Notice of Motion to Strike Out Parts of the Defence
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['pleadings' 'contextual Truth' 'strike Out Application' 'leave to Appeal' 'capacity of Imputations' 'particulars']
['defamation' 'civil Procedure' 'appellate Procedure'] ['pleadings' 'contextual Truth' 'strike Out Application' 'leave to Appeal' 'capacity of Imputations' 'particulars']

Case Brief

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Procedural Posture

Defamation Proceedings / Application for Leave to Appeal From an Order Dismissing a Notice of Motion to Strike Out Parts of the Defence

Legal Issues

  1. 1 ['Whether contextual imputations (iv), (v) and (vi) were incapable of being conveyed by the publication' 'Whether contextual imputations (iv) and (v) were bad in form or did not differ in substance from each other' 'Whether the particulars were incapable of establishing the substantial truth of contextual imputations (ii) to (vi)' "Whether sufficient doubt about the primary judge's decision was shown to justify leave to appeal"]

Ratio Decidendi

The application for leave to appeal was refused because the claimant did not show sufficient doubt about the primary judge's refusal to strike out the contextual imputations or particulars. The article was capable of conveying the challenged contextual imputations, the form objections did not warrant leave, and the particulars were not shown to fall so far short of permitting evidence capable of proving substantial truth that the imputations should be struck out.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']