Azzi v Fairfax Media Publications Pty Ltd [2018] NSWDC 69

Azzi v Fairfax Media Publications Pty Ltd [2018] NSWDC 69

The publications concerned an ICAC investigation into alleged corrupt conduct by members of the former Canterbury Council, an identifiable group of which the plaintiff was a member. Although the plaintiff was named as one councillor whose home was searched, the structure and language of the publications did not identify him, or any one person, as guilty of the alleged corrupt conduct. The matters were capable of conveying reasonable suspicion in respect of some pleaded imputations, but except for imputations 5(iii) and 8(iii), the pleaded imputations of guilt were not reasonably capable of being conveyed and required repleading or striking out.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Civil Defamation Proceedings / Separate Trial/rulings on Capacity and Form of Imputations Under Rr 14.30 and 28.2 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Defendants' challenges substantially succeeded; imputations 5(iii) and 8(iii) were held reasonably capable of being conveyed, while the other challenged imputations were struck out with leave to replead where specified, and the plaintiff was ordered to pay the costs of the argument.
Legal Topics
['imputations' 'form and Capacity' 'guilt and Suspicion' 'group Libel' 'aggravated Damages Particulars']
['tort' 'defamation' 'civil Procedure'] ['imputations' 'form and Capacity' 'guilt and Suspicion' 'group Libel' 'aggravated Damages Particulars']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Separate Trial/rulings on Capacity and Form of Imputations Under Rr 14.30 and 28.2 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['The principles applicable to a separate trial of capacity under UCPR r 28.2 and objections to form under UCPR r 14.30.' 'Whether the matters complained of were reasonably capable of conveying imputations of guilt as opposed to reasonable suspicion.' 'Whether imputations could arise against the plaintiff as a member of a readily defined class or group.']

Ratio Decidendi

The publications concerned an ICAC investigation into alleged corrupt conduct by members of the former Canterbury Council, an identifiable group of which the plaintiff was a member. Although the plaintiff was named as one councillor whose home was searched, the structure and language of the publications did not identify him, or any one person, as guilty of the alleged corrupt conduct. The matters were capable of conveying reasonable suspicion in respect of some pleaded imputations, but except for imputations 5(iii) and 8(iii), the pleaded imputations of guilt were not reasonably capable of being conveyed and required repleading or striking out.

Court Disposition

Defendants' challenges substantially succeeded; imputations 5(iii) and 8(iii) were held reasonably capable of being conveyed, while the other challenged imputations were struck out with leave to replead where specified, and the plaintiff was ordered to pay the costs of the argument.

Orders

  • ['The plaintiff is to give further and better particulars of paragraphs (c) and (d) of the claim for aggravated damages in the statement of claim, such particulars are to be provided in 7 days.' 'Strike out imputations 5(i) and 8(i) and grant leave to the plaintiff to replead to encapsulate a defamatory act or...