Malcolm v Nationwide News Pty Limited [2007] NSWCA 254

Malcolm v Nationwide News Pty Limited [2007] NSWCA 254

The article had to be read as a whole, but the prominent headline, photograph and caption were capable of imputing guilt, and the body of the article did not necessarily confine the meaning to mere suspicion. Given the layout, the emphasis placed on statements of guilt, and the possibility that the body of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Defamation Proceedings Arising From a Daily Telegraph News Article / Appeal, Pursuant to Leave, From Simpson J's Decision Striking Out an Imputation in the Statement of Claim After Determination of a Separate Question as to Capacity
Outcome
Appeal allowed with costs.
Legal Topics
['defamatory Imputation' 'capacity of Matter Complained of to Convey an Imputation' 'newspaper Article Alleging Guilt and Police Suspicion' 'strike Out of Pleaded Imputation' 'whole Publication to Be Considered']
['defamation' 'torts' 'civil Procedure'] ['defamatory Imputation' 'capacity of Matter Complained of to Convey an Imputation' 'newspaper Article Alleging Guilt and Police Suspicion' 'strike Out of Pleaded Imputation' 'whole Publication to Be Considered']

Source-derived case record

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Procedural Posture

Defamation Proceedings Arising From a Daily Telegraph News Article / Appeal, Pursuant to Leave, From Simpson J's Decision Striking Out an Imputation in the Statement of Claim After Determination of a Separate Question as to Capacity

Legal Issues

  1. 1 ['Whether the news article was reasonably capable of conveying the imputation that the appellant had abducted and indecently assaulted a seven year old boy.' 'Whether the trial judge erred in concluding that the article, read as a whole, conveyed only suspicion and was not capable of conveying guilt.' 'Whether the issue of capacity should be left to a jury where reasonable persons may differ as to the meaning conveyed.']

Ratio Decidendi

The article had to be read as a whole, but the prominent headline, photograph and caption were capable of imputing guilt, and the body of the article did not necessarily confine the meaning to mere suspicion. Given the layout, the emphasis placed on statements of guilt, and the possibility that the body of the article could be linked back to the headline, reasonable persons could differ as to whether the article conveyed the pleaded imputation. The capacity issue therefore should have been left to the jury, and the trial judge was wrong to strike out the imputation.

Court Disposition

Appeal allowed with costs.

Orders

  • ['The appeal is allowed with costs.' 'The order striking out imputation 4(a) is set aside.' "The Respondent should pay the Appellant's costs in this Court."]