Murdoch v Private Media Pty Ltd [2022] FCA 1275

Murdoch v Private Media Pty Ltd [2022] FCA 1275

It is at least reasonably arguable that the facts pleaded in Crikey's defence disclose a reasonable public interest defence under s 29A and a reasonable Lange defence. The impugned paragraphs are not sufficiently evasive or ambiguous, nor likely to cause prejudice, embarrassment or delay, and should not be struck out. Issues raised are best determined at trial when factual matters are crystallised.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Defamation / Interlocutory Applications—strike Out and Amendment of Pleadings
Outcome
Both interlocutory applications dismissed; costs reserved.
Legal Topics
['public Interest Defence' 'qualified Privilege' 'pleadings' 'mitigation of Damages' 'malice']
['defamation'] ['public Interest Defence' 'qualified Privilege' 'pleadings' 'mitigation of Damages' 'malice']

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Procedural Posture

Defamation / Interlocutory Applications—strike Out and Amendment of Pleadings

Legal Issues

  1. 1 ["Whether Crikey's pleaded public interest and Lange defences should be struck out or amended" 'Whether impugned paragraphs are evasive or ambiguous, likely to cause prejudice, embarrassment or delay, or fail to disclose a reasonable defence' 'Relevance of malice to public interest defence' 'Adequacy of mitigation of damages pleading']

Ratio Decidendi

It is at least reasonably arguable that the facts pleaded in Crikey's defence disclose a reasonable public interest defence under s 29A and a reasonable Lange defence. The impugned paragraphs are not sufficiently evasive or ambiguous, nor likely to cause prejudice, embarrassment or delay, and should not be struck out. Issues raised are best determined at trial when factual matters are crystallised.

Court Disposition

Both interlocutory applications dismissed; costs reserved.

Orders

  • ["The applicant's interlocutory application dated 22 September 2022 be dismissed." "The respondents' interlocutory application dated 5 October 2022 be dismissed." 'The costs of, and associated with, the interlocutory applications be reserved.']