RIGBY v JOHN FAIRFAX GROUP PTY LTD and ORS [1996] NSWCA 450

RIGBY v JOHN FAIRFAX GROUP PTY LTD and ORS [1996] NSWCA 450

Because the published reports contained elaboration beyond the mere fact of arrest and charge, they were reasonably capable in law of carrying an imputation of guilt, and such imputations should be allowed to go to the jury for determination.

Parties
Plaintiff: Raymond Rigby; First Defendant: John Fairfax Group Pty Ltd; Second Defendant: Amalgamated Television Services Pty Ltd; Third Defendant: Fairfax Community Newspapers Pty Ltd
Jurisdiction
Australia
Judgment Date
01 February 1996
Procedural Posture
Defamation Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; leave to appeal granted and orders of Levine J relating to specific imputations set aside as indicated.
Legal Topics
Imputations of Guilt, Pleading, Reports of Arrest, Elaboration of News Reports, Defamation Law Reform
Defamation Imputations of Guilt Pleading Reports of Arrest Elaboration of News Reports Defamation Law Reform

Case Brief

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Parties

Raymond Rigby

Plaintiff

John Fairfax Group Pty Ltd

First Defendant

Amalgamated Television Services Pty Ltd

Second Defendant

Fairfax Community Newspapers Pty Ltd

Third Defendant

Procedural Posture

Defamation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether reports of arrest and charge are capable of bearing imputations of guilt
  2. 2 Proper approach to pleading imputations in defamation actions
  3. 3 Distinction between imputations of guilt and suspicion

Ratio Decidendi

Because the published reports contained elaboration beyond the mere fact of arrest and charge, they were reasonably capable in law of carrying an imputation of guilt, and such imputations should be allowed to go to the jury for determination.

Court Disposition

Appeal allowed in part; leave to appeal granted and orders of Levine J relating to specific imputations set aside as indicated.

Orders

  • Leave to appeal against Levine J's order as to imputation 4(c) granted and appeal upheld; so much of the order as refers to imputation 4(c) set aside; First defendant to pay costs of appeal concerning O.1.
  • Leave to appeal against Levine J's O.2 granted; appeal against so much as struck out imputations 4(b) and 4(d) upheld; so much of O.2 as struck out 4(b) and (d) set aside; appeal otherwise dismissed; First defendant to pay costs concerning O.2.