FAKHOURY & ANOR v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 561

FAKHOURY & ANOR v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 561

The matter complained of is incapable, as a matter of law, of carrying the pleaded imputations against the second plaintiff, Prestige Cranes Pty Ltd (imputations 4(f)-(j)). The references to the company do not, on a fair reading, attribute the alleged misconduct to it. The imputations relating to the first plaintiff, John Fakhoury (4(a)-(e)), are in proper form, or may be permitted with minor amendment, and are capable of being carried by the article and being found defamatory.

Parties
First Plaintiff: John Fakhoury; Second Plaintiff: Prestige Cranes Pty Ltd; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Defamation / Interlocutory Determination on Pleadings and Imputations Prior to Jury Trial
Outcome
Partial dismissal (verdict for defendant on part of the claim) and procedural orders for amendment and trial on remaining issues
Legal Topics
Pleadings, Imputations, Corporate Plaintiff, Summary Determination
Defamation Pleadings Imputations Corporate Plaintiff Summary Determination

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Fakhoury

First Plaintiff

Prestige Cranes Pty Ltd

Second Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Defamation / Interlocutory Determination on Pleadings and Imputations Prior to Jury Trial

Legal Issues

  1. 1 Whether the alleged defamatory article is capable of carrying pleaded imputations in respect of the second plaintiff (Prestige Cranes Pty Ltd)
  2. 2 Whether pleaded imputations in respect of the first plaintiff (John Fakhoury) are capable of being carried and are in proper form

Ratio Decidendi

The matter complained of is incapable, as a matter of law, of carrying the pleaded imputations against the second plaintiff, Prestige Cranes Pty Ltd (imputations 4(f)-(j)). The references to the company do not, on a fair reading, attribute the alleged misconduct to it. The imputations relating to the first plaintiff, John Fakhoury (4(a)-(e)), are in proper form, or may be permitted with minor amendment, and are capable of being carried by the article and being found defamatory.

Court Disposition

Partial dismissal (verdict for defendant on part of the claim) and procedural orders for amendment and trial on remaining issues

Orders

  • The matter complained of is incapable of carrying imputations 4(f)-(j) of the second plaintiff and a verdict is entered for the defendant in respect of those causes of action.
  • The first plaintiff is to file an amended statement of claim within 14 days in accordance with these reasons.