KELLY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 586

KELLY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 586

Imputations (a), (b), (d) (as amended to 'the plaintiff is an exhibitionist'), (e) and (f) are capable, as a matter of law, of being carried by the matter complained of and being defamatory on their natural and ordinary meaning; imputations (g) and (h) will go to the jury only as true innuendos; imputation (c) is struck out with leave to amend.

Parties
Plaintiff: Robert Kelly; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Civil (defamation) / Interlocutory Ruling on Imputation Capacity/pleadings
Outcome
Orders made as to capacity of imputations and pleadings; directions for amendment of pleadings and trial by jury; costs to plaintiff.
Legal Topics
Imputations, Natural and Ordinary Meaning, True Innuendo, Pleading, Capacity to Defame, Mistaken Identity
Defamation Imputations Natural and Ordinary Meaning True Innuendo Pleading Capacity to Defame Mistaken Identity

Case Brief

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Parties

Robert Kelly

Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Civil (defamation) / Interlocutory Ruling on Imputation Capacity/pleadings

Legal Issues

  1. 1 Whether the pleaded imputations are capable of being carried by the allegedly defamatory publication as a matter of law
  2. 2 Whether the pleaded imputations are capable of being defamatory as a matter of law

Ratio Decidendi

Imputations (a), (b), (d) (as amended to 'the plaintiff is an exhibitionist'), (e) and (f) are capable, as a matter of law, of being carried by the matter complained of and being defamatory on their natural and ordinary meaning; imputations (g) and (h) will go to the jury only as true innuendos; imputation (c) is struck out with leave to amend.

Court Disposition

Orders made as to capacity of imputations and pleadings; directions for amendment of pleadings and trial by jury; costs to plaintiff.

Orders

  • Imputations (a), (b), (d) (as amended to 'the plaintiff is an exhibitionist'), (e) and (f) are capable of being carried and capable of being defamatory as pleaded.
  • Imputations (g) and (h) go to the jury only as true innuendos.