Hall v Fairfax Media Ltd [2017] NSWSC 1271

Hall v Fairfax Media Ltd [2017] NSWSC 1271

In the context of the article, the word "incompetently" was sufficiently precise and the imputation that the plaintiff conducted the business of Hunter Hall International incompetently was not plainly incapable of arising, so it should go to the jury. The imputations alleging that the plaintiff's decision was impetuous in ways that merely restated impetuousness or linked impetuousness to the consequence of costing a fortune were illogical and required reformulation. The imputation alleging that the decision was so impetuous and irrational as to destroy his reputation was embarrassing because it was self-referential and confused defamatory meaning with reader reaction.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Defamation Proceedings / Procedural Ruling on Defendants' Objections to Pleaded Imputations at the First Listing, Including Capacity and Form Objections
Outcome
Defendants' objections were partly upheld; imputation (a) will go to the jury, imputation (b) may stand, and imputations (c), (d) and (e) were struck out with leave to re-plead.
Legal Topics
['pleadings' 'defamatory Imputations' 'capacity' 'form of Imputations' 'self Referential Imputations' 'jury Determination of Meaning']
['defamation' 'civil Procedure'] ['pleadings' 'defamatory Imputations' 'capacity' 'form of Imputations' 'self Referential Imputations' 'jury Determination of Meaning']

Case Brief

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Procedural Posture

Defamation Proceedings / Procedural Ruling on Defendants' Objections to Pleaded Imputations at the First Listing, Including Capacity and Form Objections

Legal Issues

  1. 1 ['Whether the pleaded imputation that the plaintiff conducted the business of Hunter Hall International incompetently was sufficiently precise and capable of arising from the matter complained of.' "Whether imputations concerning the plaintiff's decision to sell his stake for one dollar per share were bad in form, duplicative, illogical, or self-referential." "Whether the phrase alleging destruction of the plaintiff's reputation as an excellent funds manager confused the meaning conveyed by the publication with its likely or possible impact on readers."]

Ratio Decidendi

In the context of the article, the word "incompetently" was sufficiently precise and the imputation that the plaintiff conducted the business of Hunter Hall International incompetently was not plainly incapable of arising, so it should go to the jury. The imputations alleging that the plaintiff's decision was impetuous in ways that merely restated impetuousness or linked impetuousness to the consequence of costing a fortune were illogical and required reformulation. The imputation alleging that the decision was so impetuous and irrational as to destroy his reputation was embarrassing because it was self-referential and confused defamatory meaning with reader reaction.

Court Disposition

Defendants' objections were partly upheld; imputation (a) will go to the jury, imputation (b) may stand, and imputations (c), (d) and (e) were struck out with leave to re-plead.

Orders

  • ['Imputation (a) will go to the jury.' 'Imputation (b) is sound and may stand.' 'Imputations (c), (d) and (e) are struck out with leave to replead.' 'No order as to costs.']