Kermode v Fairfax Media Publications Pty Ltd [2009] NSWSC 1263

Kermode v Fairfax Media Publications Pty Ltd [2009] NSWSC 1263

The plaintiff is entitled to plead the matters complained of (Internet publications) as separate web pages and is not obliged to include the content of hyperlinked documents, with certain concessions regarding embedded descriptions/headings. Some pleaded imputations were substantially the same and duplicative and should not both be allowed; one imputation was incapable of being conveyed by the material and is to be excluded.

Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Defamation / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave granted to plaintiff to file an amended statement of claim in accordance with the reasons given.
Legal Topics
['pleading in Defamation' 'internet Publication and Hyperlinks' 'imputations' 'leave to Amend Statement of Claim']
['tort' 'defamation' 'civil Procedure'] ['pleading in Defamation' 'internet Publication and Hyperlinks' 'imputations' 'leave to Amend Statement of Claim']

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Procedural Posture

Defamation / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff is obliged to plead hyperlinked material as part of the relevant publication in an Internet defamation claim' 'Whether certain imputations are capable of being conveyed by the matters complained of and should be allowed in the statement of claim' 'Whether multiple web pages or hyperlinked documents constitute a single publication for defamation pleading purposes']

Ratio Decidendi

The plaintiff is entitled to plead the matters complained of (Internet publications) as separate web pages and is not obliged to include the content of hyperlinked documents, with certain concessions regarding embedded descriptions/headings. Some pleaded imputations were substantially the same and duplicative and should not both be allowed; one imputation was incapable of being conveyed by the material and is to be excluded.

Court Disposition

Leave granted to plaintiff to file an amended statement of claim in accordance with the reasons given.

Orders

  • ['Leave be granted to the plaintiff to file an amended statement of claim in accordance with these reasons.']