MAYAS PTY LTD (t/as MOREE CHAMPION) v RODNEY CAVALIER [1989] NSWCA 141

MAYAS PTY LTD (t/as MOREE CHAMPION) v RODNEY CAVALIER [1989] NSWCA 141

The imputation that the respondent committed sexual offences against children was not capable of being conveyed by the letter and heading, considering the context as polemic criticism of education administration. An ordinary reasonable reader, after reading the letter in its entirety, would not reasonably interpret the words as referring to sexual misconduct.

Parties
Appellant: Mayas Pty Ltd (t/as Moree Champion); Respondent: Rodney Cavalier
Jurisdiction
Australia
Judgment Date
27 September 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Defamatory Imputation, Meaning of Words, Media Publications, Appeal From Jury Verdict
Defamation Defamatory Imputation Meaning of Words Media Publications Appeal From Jury Verdict

Case Brief

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Parties

Mayas Pty Ltd (t/as Moree Champion)

Appellant

Rodney Cavalier

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the words complained of were capable of bearing the imputation alleged by the plaintiff
  2. 2 Interpretation of 'molester' and 'child molestation' in the letter's context

Ratio Decidendi

The imputation that the respondent committed sexual offences against children was not capable of being conveyed by the letter and heading, considering the context as polemic criticism of education administration. An ordinary reasonable reader, after reading the letter in its entirety, would not reasonably interpret the words as referring to sexual misconduct.

Court Disposition

appeal upheld

Orders

  • Judgment below set aside
  • Judgment entered for defendant