Whelan v John Fairfax Publications Pty Limited & Ors [1999] NSWSC 620

Whelan v John Fairfax Publications Pty Limited & Ors [1999] NSWSC 620

The matters complained of in certain proceedings (20499, 20502, and 20503 of 1998) are reasonably capable of conveying at least some of the imputations alleged and may proceed; other proceedings (20500 and 20501 of 1998) are not capable of conveying the pleaded imputations and should be dismissed. Imputations not specifying the nature of corrupt conduct must be struck out as too vague but may be re-pleaded.

Parties
Plaintiff: Paul Francis Patrick Whelan; Plaintiff: Colleen Whelan; First Defendant: John Fairfax Publications Pty Limited; Second Defendant: Darren Goodsir; Third Defendant: Heath Gilmore
Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Defamation / Hearing to Determine If Matters Complained of Are Reasonably Capable of Carrying Imputations Pleaded
Outcome
Part allowed, part dismissed
Legal Topics
Imputations, Defamation Act 1974, Reasonable Reader Test
Defamation Imputations Defamation Act 1974 Reasonable Reader Test

Case Brief

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Parties

Paul Francis Patrick Whelan

Plaintiff

Colleen Whelan

Plaintiff

John Fairfax Publications Pty Limited

First Defendant

Darren Goodsir

Second Defendant

Heath Gilmore

Third Defendant

Procedural Posture

Defamation / Hearing to Determine If Matters Complained of Are Reasonably Capable of Carrying Imputations Pleaded

Legal Issues

  1. 1 Whether the matters complained of are reasonably capable of carrying the pleaded imputations
  2. 2 Whether certain imputations are too vague or unspecified to proceed

Ratio Decidendi

The matters complained of in certain proceedings (20499, 20502, and 20503 of 1998) are reasonably capable of conveying at least some of the imputations alleged and may proceed; other proceedings (20500 and 20501 of 1998) are not capable of conveying the pleaded imputations and should be dismissed. Imputations not specifying the nature of corrupt conduct must be struck out as too vague but may be re-pleaded.

Court Disposition

Part allowed, part dismissed

Orders

  • Imputations (a) and (b) in 20499/98 and (a) to (c) in 20503/98 may proceed; imputation (d) in 20503/98 struck out with leave to re-plead.
  • 20499/98, 20502/98, and 20503/98 are to be consolidated and heard together.