PHELPS v NATIONWIDE NEWS & ANOR [2003] NSWSC 614

PHELPS v NATIONWIDE NEWS & ANOR [2003] NSWSC 614

Imputation 4(a) was not capable of being carried because elevating the reference to "barrel girl" to an imputation that the plaintiff was a trivial bimbo like a television quiz show barrel girl exceeded reasonable limits. The remaining imputations 4(b)-(g) were capable, as a matter of law, of being carried by the matter complained of, including by reference to the headline, statements that the plaintiff was sowing doubts about vaccinations, alleged ignorance or unwillingness to inquire, rejection of expert opinion, and alleged additional angst caused to service personnel and their families.

Jurisdiction
Australia
Judgment Date
26 June 2003
Procedural Posture
Defamation / Capacity Determination of Pleaded Imputations Before Trial by Jury
Outcome
Verdict entered for the defendant on imputation 4(a); imputations 4(b)-(g) to go to the jury; amended pleadings and jury trial ordered; defendant to pay the plaintiff's costs.
Legal Topics
['defamatory Imputations' 'capacity' 'trial by Jury' 'section 7 a Defence']
['defamation'] ['defamatory Imputations' 'capacity' 'trial by Jury' 'section 7 a Defence']

Case Brief

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Procedural Posture

Defamation / Capacity Determination of Pleaded Imputations Before Trial by Jury

Legal Issues

  1. 1 ['Whether the matter complained of was capable, as a matter of law, of carrying imputation 4(a).' 'Whether the matter complained of was capable, as a matter of law, of carrying imputations 4(b)-(g).' 'Whether amended pleadings and a jury trial of the s7A issues should be ordered.']

Ratio Decidendi

Imputation 4(a) was not capable of being carried because elevating the reference to "barrel girl" to an imputation that the plaintiff was a trivial bimbo like a television quiz show barrel girl exceeded reasonable limits. The remaining imputations 4(b)-(g) were capable, as a matter of law, of being carried by the matter complained of, including by reference to the headline, statements that the plaintiff was sowing doubts about vaccinations, alleged ignorance or unwillingness to inquire, rejection of expert opinion, and alleged additional angst caused to service personnel and their families.

Court Disposition

Verdict entered for the defendant on imputation 4(a); imputations 4(b)-(g) to go to the jury; amended pleadings and jury trial ordered; defendant to pay the plaintiff's costs.

Orders

  • ['I enter a verdict for the defendant in respect of imputation 4(a).' 'Imputations 4(b)-(g) will go to the jury.' 'I direct the plaintiff to file an amended statement of claim within seven days, and the defendant to file its s 7A defence within fourteen days thereafter.' 'Pursuant to SCR Pt 31 r 2 I order the trial...