Williams v Fairfax Media Publications Pty Limited [2013] NSWSC 1828

Williams v Fairfax Media Publications Pty Limited [2013] NSWSC 1828

The article, read as a whole including its headlines, photograph captions and descriptions of the plaintiff storming out, saying "I'm over you," and tempers boiling over, was capable of conveying each pleaded imputation to the ordinary reasonable reader; accordingly the defendant's challenge to the imputations failed.

Jurisdiction
Australia
Judgment Date
04 December 2013
Procedural Posture
Defamation Proceedings / Interlocutory Application Objecting to the Form and Capacity of Pleaded Imputations
Outcome
Application to have imputations struck out dismissed
Legal Topics
['imputations' 'form and Capacity' 'ordinary Reasonable Reader' 'costs']
['defamation'] ['imputations' 'form and Capacity' 'ordinary Reasonable Reader' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Defamation Proceedings / Interlocutory Application Objecting to the Form and Capacity of Pleaded Imputations

Legal Issues

  1. 1 ['Whether the article was capable of conveying the imputation that the plaintiff, as Chairman of the Sydney Opera House Trust, behaved in a petulant and boorish manner by storming out of a trust meeting and shortly afterwards tendering his resignation.' 'Whether the article was capable of conveying the imputation that the plaintiff, while Chairman of the Sydney Opera House Trust, insulted and denigrated its Chief Executive Officer, Louise Herron.' 'Whether the article was capable of conveying the imputation that the plaintiff behaved unprofessionally as the Chairman of the Sydney Opera House Trust by permitting his emotions to take control and losing his temper during a trust board meeting.']

Ratio Decidendi

The article, read as a whole including its headlines, photograph captions and descriptions of the plaintiff storming out, saying "I'm over you," and tempers boiling over, was capable of conveying each pleaded imputation to the ordinary reasonable reader; accordingly the defendant's challenge to the imputations failed.

Court Disposition

Application to have imputations struck out dismissed

Orders

  • ['The challenge to the imputations is rejected.' "The defendant is to pay the plaintiff's costs of the application today."]