WATERS v JOHN FAIRFAX PUBLICATIONS [2002] NSWSC 1243

WATERS v JOHN FAIRFAX PUBLICATIONS [2002] NSWSC 1243

The pleaded imputations, subject to limited deletions from imputations 6(a) and 6(b), were sufficiently clear in form and the articles were capable as a matter of law of carrying them. In context, the references to the plaintiff's role on the Tow Truck Industry Advisory Council added to the sting, the allegations using 'corrupt' and 'collusive' were sufficiently supported by the articles' theme and content, and imputations 6(a) and 6(c) differed in substance.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Defamation Proceedings / Determination of Objections to Pleaded Imputations on Form and Capacity
Outcome
The defendant's objections failed; the Court found both matters complained of capable of carrying the pleaded imputations, with amendments to imputations 6(a) and 6(b).
Legal Topics
['imputations' 'form of Imputations' 'capacity of Publication to Carry Imputations' 'separate Trial of S7 a Issues']
['defamation'] ['imputations' 'form of Imputations' 'capacity of Publication to Carry Imputations' 'separate Trial of S7 a Issues']

Case Brief

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Procedural Posture

Defamation Proceedings / Determination of Objections to Pleaded Imputations on Form and Capacity

Legal Issues

  1. 1 ['Whether the imputations pleaded in respect of the first matter complained of were defective in form.' 'Whether the first matter complained of was capable as a matter of law of carrying imputations 5(a) and 5(b).' 'Whether the imputations pleaded in respect of the second matter complained of were defective in form.' 'Whether the second matter complained of was capable as a matter of law of carrying imputations 6(a), 6(b) and 6(c).' 'Whether imputations 6(a) and 6(c) differed in substance.']

Ratio Decidendi

The pleaded imputations, subject to limited deletions from imputations 6(a) and 6(b), were sufficiently clear in form and the articles were capable as a matter of law of carrying them. In context, the references to the plaintiff's role on the Tow Truck Industry Advisory Council added to the sting, the allegations using 'corrupt' and 'collusive' were sufficiently supported by the articles' theme and content, and imputations 6(a) and 6(c) differed in substance.

Court Disposition

The defendant's objections failed; the Court found both matters complained of capable of carrying the pleaded imputations, with amendments to imputations 6(a) and 6(b).

Orders

  • ['I find the first matter complained of capable as a matter of law of carrying imputations 5(a) and (b).' 'I find the second matter complained of capable as a matter of law of carrying imputations 6(a), (b) and (c).' 'I direct the defendant to file a defence to those issues to be determined by the jury pursuant to...