Whelan v John Fairfax Publications Limited & 2 Ors [2000] NSWSC 815

Whelan v John Fairfax Publications Limited & 2 Ors [2000] NSWSC 815

The publication, applying established principles, was as a matter of law incapable of conveying the imputations pleaded by the plaintiff, as there was no reasonable reading by which those imputations could be inferred from the article complained of.

Parties
Plaintiff: Paul Francis Patrick Whelan; First Defendant: John Fairfax Publications Limited; Second Defendant: Darren Goodsir; Third Defendant: Heath Gilmore
Jurisdiction
Australia
Judgment Date
18 August 2000
Procedural Posture
Defamation / Interlocutory Application on Pleading Imputations—capacity
Outcome
Imputations struck out as incapable of being carried by the publication.
Legal Topics
Imputations, Capacity of Publication to Convey Imputations
Defamation Imputations Capacity of Publication to Convey Imputations

Case Brief

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Parties

Paul Francis Patrick Whelan

Plaintiff

John Fairfax Publications Limited

First Defendant

Darren Goodsir

Second Defendant

Heath Gilmore

Third Defendant

Procedural Posture

Defamation / Interlocutory Application on Pleading Imputations—capacity

Legal Issues

  1. 1 Whether the pleaded imputations are capable of being carried by the matter complained of

Ratio Decidendi

The publication, applying established principles, was as a matter of law incapable of conveying the imputations pleaded by the plaintiff, as there was no reasonable reading by which those imputations could be inferred from the article complained of.

Court Disposition

Imputations struck out as incapable of being carried by the publication.

Orders

  • The imputations pleaded in paragraph 4 of the Amended Statement of Claim, as a matter of law are incapable of being carried by the matter complained of.
  • The plaintiff, within 21 days, is to formally move the Court by Notice of Motion, returnable on 13 October 2000, to seek leave to file a Second Further Amended Statement of Claim.