Warren v Nationwide News Pty Limited [1999] NSWSC 446

Warren v Nationwide News Pty Limited [1999] NSWSC 446

The plaintiff had not shown that it was unarguably clear that either the defence of Comment or the defence of Fair Protected Report, as particularised, was incapable of being made out. Because the availability of those defences depended fundamentally on the jury's findings about whether the imputations were carried and defamatory, the issues should be determined at trial rather than struck out on an interlocutory application.

Jurisdiction
Australia
Judgment Date
14 May 1999
Procedural Posture
Defamation Proceedings / Interlocutory Application by the Plaintiff to Strike Out Particulars for the Defence of Comment and to Strike Out the Defence of Fair Protected Report
Outcome
The plaintiff's applications were dismissed, with costs to be costs in the cause.
Legal Topics
['comment' 'protected Report' 'strike Out Application' 'imputations' 'defamation List' 'jury Function']
['defamation' 'civil Procedure'] ['comment' 'protected Report' 'strike Out Application' 'imputations' 'defamation List' 'jury Function']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Application by the Plaintiff to Strike Out Particulars for the Defence of Comment and to Strike Out the Defence of Fair Protected Report

Legal Issues

  1. 1 ['Whether particulars provided for the defence of Comment should be struck out.' 'Whether the defence of Fair Protected Report should be struck out.' 'Whether the matters raised by the plaintiff should instead be determined at trial after the jury determines whether the imputations are carried and defamatory.']

Ratio Decidendi

The plaintiff had not shown that it was unarguably clear that either the defence of Comment or the defence of Fair Protected Report, as particularised, was incapable of being made out. Because the availability of those defences depended fundamentally on the jury's findings about whether the imputations were carried and defamatory, the issues should be determined at trial rather than struck out on an interlocutory application.

Court Disposition

The plaintiff's applications were dismissed, with costs to be costs in the cause.

Orders

  • ["The plaintiff's applications are dismissed." 'Costs will be costs in the cause.']