Robbie Waterhouse v The Age Company Ltd & Ors; Robbie Waterhouse v Fairfax Media Pty Ltd & Anor; Robbie Waterhouse v Fairfax Digital Australia & New Zealand Pty Ltd & Ors [2011] NSWSC 159

Robbie Waterhouse v The Age Company Ltd & Ors; Robbie Waterhouse v Fairfax Media Pty Ltd & Anor; Robbie Waterhouse v Fairfax Digital Australia & New Zealand Pty Ltd & Ors [2011] NSWSC 159

Imputations alleging the plaintiff murdered George Brown were incapable of being conveyed by the publications and must be struck out, but imputations that the plaintiff procured or was an accessory to the murder were reasonably capable of being conveyed and should go to the jury. It was impermissible to plead separate articles as a composite publication where no sufficient link was shown. Further, 'matter' for the purposes of s 23 Defamation Act 2005 refers to the content of the publication, not its mode or means of communication, such that subsequent proceedings based on internet publication of the same articles were invalid without leave. Proceedings commenced contrary to s 23 are void...

Jurisdiction
Australia
Judgment Date
17 March 2011
Procedural Posture
Interlocutory Applications / Hearing and Ruling on Strike Out, Discontinuance, and Dismissal Applications
Outcome
Strike out of certain imputations and composite pleading; dismissal of further proceedings brought without leave; refusal of leave to discontinue invalid proceedings.
Legal Topics
['imputations' 'composite Publication' 'leave to Institute Further Proceedings' 'internet Publication' 'pleading Requirements' 'striking Out Pleadings']
['defamation' 'civil Procedure'] ['imputations' 'composite Publication' 'leave to Institute Further Proceedings' 'internet Publication' 'pleading Requirements' 'striking Out Pleadings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications / Hearing and Ruling on Strike Out, Discontinuance, and Dismissal Applications

Legal Issues

  1. 1 ['Whether pleaded imputations were defective in form or incapable of being conveyed by the publications' 'Whether articles published on different occasions can be pleaded as composite defamatory matter' 'Whether further proceedings brought without leave under s 23 Defamation Act 2005 (NSW) are invalid' "Whether 'matter' under s 4 Defamation Act includes the means of publication (print vs internet)" 'Whether striking out or discontinuance under the Uniform Civil Procedure Rules 2005 is available when proceedings are a nullity under s 23']

Ratio Decidendi

Imputations alleging the plaintiff murdered George Brown were incapable of being conveyed by the publications and must be struck out, but imputations that the plaintiff procured or was an accessory to the murder were reasonably capable of being conveyed and should go to the jury. It was impermissible to plead separate articles as a composite publication where no sufficient link was shown. Further, 'matter' for the purposes of s 23 Defamation Act 2005 refers to the content of the publication, not its mode or means of communication, such that subsequent proceedings based on internet publication of the same articles were invalid without leave. Proceedings commenced contrary to s 23 are void...

Court Disposition

Strike out of certain imputations and composite pleading; dismissal of further proceedings brought without leave; refusal of leave to discontinue invalid proceedings.

Orders

  • ["Leave granted to discontinue certain claims against Feneley, Rule and Silvester in proceeding 10/416092; imputation 4(a) and 6(a) of statement of claim in 10/416092 struck out; imputations 4(b), 4(c), 6(b), 6(c) left to jury as alternatives; paragraph 7 struck out; plaintiff to pay defendants' costs." 'In...