Kriss v John Fairfax Publications Pty Ltd [2006] NSWSC 758

Kriss v John Fairfax Publications Pty Ltd [2006] NSWSC 758

The defendant failed to prove truth because the plaintiff was struck off for misconduct involving trust funds, concealment and related professional misconduct, not for shoddy financial-legal advice to Mrs Bach; the advice he gave and work he did were described in Cooper AJ's judgment as reasonable and proper. The pleaded contextual imputations either were not another imputation conveyed by the article, were not true, or did not substantially differ from the plaintiff's imputation so as to avoid further injury. The interstate common law contextual defences also failed. The article contained false statements maliciously published, and the plaintiff proved limited special damage for travel...

Jurisdiction
Australia
Judgment Date
28 July 2006
Procedural Posture
Defamation and Injurious Falsehood Proceedings / Trial Judgment After Jury Found a Defamatory Imputation
Outcome
Verdict and judgment for the plaintiff in the sum of $101,008. Costs reserved.
Legal Topics
['defence of Truth' 'contextual Truth' 'polly Peck Defence' 'injurious Falsehood' 'malice' 'special Damage' 'damages']
['defamation' 'torts'] ['defence of Truth' 'contextual Truth' 'polly Peck Defence' 'injurious Falsehood' 'malice' 'special Damage' 'damages']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation and Injurious Falsehood Proceedings / Trial Judgment After Jury Found a Defamatory Imputation

Legal Issues

  1. 1 ['Whether the defendant proved that the defamatory imputation that the plaintiff was a bankrupt barrister who was struck off for some shoddy financial legal advice to Mrs Bach was substantially true.' 'Whether the defendant established a defence of contextual truth under s16 Defamation Act 1974.' 'Whether common law contextual defences, including the Polly Peck defence, were available for interstate publications.' 'Whether the plaintiff proved injurious falsehood, including falsity, malice and actual pecuniary loss.' 'What damages should be awarded for defamation and injurious falsehood.']

Ratio Decidendi

The defendant failed to prove truth because the plaintiff was struck off for misconduct involving trust funds, concealment and related professional misconduct, not for shoddy financial-legal advice to Mrs Bach; the advice he gave and work he did were described in Cooper AJ's judgment as reasonable and proper. The pleaded contextual imputations either were not another imputation conveyed by the article, were not true, or did not substantially differ from the plaintiff's imputation so as to avoid further injury. The interstate common law contextual defences also failed. The article contained false statements maliciously published, and the plaintiff proved limited special damage for travel...

Court Disposition

Verdict and judgment for the plaintiff in the sum of $101,008. Costs reserved.

Orders

  • ['Verdict and judgment for the plaintiff in defamation in the sum of $100,000.' 'Verdict and judgment for the plaintiff in injurious falsehood in the sum of $1008.' 'The defendant is liable to pay the plaintiff $101008.' 'The question of interest and costs is reserved.' "The parties have liberty to apply on 3 days'...