Hawes v Fairfax Media Limited [2015] NSWSC 1534

Hawes v Fairfax Media Limited [2015] NSWSC 1534

Although both imputations alleged misuse of office as their sting, the second imputation alleged a broader and more serious form of conduct involving a corrupt arrangement. Both imputations could stand, but the first imputation could be relied upon only as a fall-back to the second. The second imputation was tolerably clear as referring to an arrangement with the other members of the secret planning group, and the plaintiff could re-order its wording to make that plain.

Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Defamation Action / First Listing; Procedural Ruling on Defendants' Objection to Pleaded Imputations
Outcome
Both imputations can stand; the first imputation may be relied upon only as a fall-back to the second. Each party is to bear his or its own costs of the application.
Legal Topics
['pleadings' 'imputations' 'requirement for Imputations to Differ in Substance' 'specificity of Imputations']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'requirement for Imputations to Differ in Substance' 'specificity of Imputations']

Case Brief

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Procedural Posture

Defamation Action / First Listing; Procedural Ruling on Defendants' Objection to Pleaded Imputations

Legal Issues

  1. 1 ['Whether the two pleaded imputations differed in substance.' 'Whether the second pleaded imputation lacked adequate specificity because it did not specify the participants in the alleged corrupt arrangement.' 'Whether the first imputation could be relied on only as a fall-back to the second.']

Ratio Decidendi

Although both imputations alleged misuse of office as their sting, the second imputation alleged a broader and more serious form of conduct involving a corrupt arrangement. Both imputations could stand, but the first imputation could be relied upon only as a fall-back to the second. The second imputation was tolerably clear as referring to an arrangement with the other members of the secret planning group, and the plaintiff could re-order its wording to make that plain.

Court Disposition

Both imputations can stand; the first imputation may be relied upon only as a fall-back to the second. Each party is to bear his or its own costs of the application.

Orders

  • ['Both imputations can stand but the first imputation may be relied upon only as a fall-back to the second.' 'Each party bear his or its own costs of the application.']