Morten Christiansen v Fairfax Media Publications Pty Ltd & Ors [2012] NSWSC 1258

Morten Christiansen v Fairfax Media Publications Pty Ltd & Ors [2012] NSWSC 1258

The matter complained of was capable of conveying defamatory imputations of suspicion because it identified the plaintiff as one of only three dismissed managers and stated that one of them committed particular misconduct, thereby being capable of leaving the ordinary reasonable reader with the impression that there were reasonable grounds for suspecting the plaintiff was the culprit. However, the proposed imputations using the phrase "may have been the person" were defective in form because that phrase made them embarrassingly imprecise, ambiguous, and confusing.

Jurisdiction
Australia
Judgment Date
19 October 2012
Procedural Posture
Defamation Proceedings / Interlocutory Application by the Defendants to Strike Out Imputations on Grounds of Form and Capacity
Outcome
Leave to amend in accordance with proposed imputations 5(c), 5(e), 7(c), and 7(e) was declined; specified imputations were struck out; imputations 5(b) and 7(b) were left to the jury; the plaintiff was given leave to replead.
Legal Topics
['imputations' 'capacity to Convey Defamatory Meaning' 'reference to Plaintiff' 'class or Group Libel' 'suspicion Imputations' 'strike Out' 'leave to Amend Pleadings']
['defamation'] ['imputations' 'capacity to Convey Defamatory Meaning' 'reference to Plaintiff' 'class or Group Libel' 'suspicion Imputations' 'strike Out' 'leave to Amend Pleadings']

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Procedural Posture

Defamation Proceedings / Interlocutory Application by the Defendants to Strike Out Imputations on Grounds of Form and Capacity

Legal Issues

  1. 1 ['Whether proposed amended imputations 5(c), 5(e), 7(c), and 7(e) were defective in form.' 'Whether the matters complained of were capable of conveying imputations that the plaintiff may have been the person who possessed pornographic material and forwarded it to another employee, or forwarded an email about gaming practices at the Star to a whistleblower.' 'Whether a publication saying that one member of a small group was responsible for misconduct, without identifying which member, can cast defamatory suspicion on each member of the group.']

Ratio Decidendi

The matter complained of was capable of conveying defamatory imputations of suspicion because it identified the plaintiff as one of only three dismissed managers and stated that one of them committed particular misconduct, thereby being capable of leaving the ordinary reasonable reader with the impression that there were reasonable grounds for suspecting the plaintiff was the culprit. However, the proposed imputations using the phrase "may have been the person" were defective in form because that phrase made them embarrassingly imprecise, ambiguous, and confusing.

Court Disposition

Leave to amend in accordance with proposed imputations 5(c), 5(e), 7(c), and 7(e) was declined; specified imputations were struck out; imputations 5(b) and 7(b) were left to the jury; the plaintiff was given leave to replead.

Orders

  • ['Leave is declined to amend the statement of claim to include proposed amended imputations 5(c) and (e) and 7(c) and (e).' 'The imputations pleaded in pars 5(a), (c), (d), (e), (f), and 7(a), (c), (d), (e), and (f) be struck out.' 'The imputations pleaded in pars 5(b) and 7(b) are to be left to the jury.' 'The...