WOODHAM v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWSC 350

WOODHAM v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWSC 350

The article was capable of carrying and of being defamatory in relation to imputations (a), (b), (d), (e), (g) and (h). It was not capable of carrying imputation (c), because the plaintiff's office and the occurrence of assaults did not by themselves support a failure to take proper protective measures, and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Action for Damages for Defamation / Application Concerning Whether the Matter Complained of Was Capable of Carrying Proposed Imputations; Leave to File Amended Statement of Claim and Orders for S7 a Jury Trial
Outcome
Plaintiff granted leave to file an amended statement of claim in accordance with the reasons; jury trial ordered; each party to pay its own costs of the application concerning imputations.
Legal Topics
['imputations' 'capacity' 'amendment of Statement of Claim' 'trial by Jury']
['defamation' 'civil Procedure'] ['imputations' 'capacity' 'amendment of Statement of Claim' 'trial by Jury']

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Procedural Posture

Action for Damages for Defamation / Application Concerning Whether the Matter Complained of Was Capable of Carrying Proposed Imputations; Leave to File Amended Statement of Claim and Orders for S7 a Jury Trial

Legal Issues

  1. 1 ['Whether the matter complained of was capable of carrying each proposed imputation pleaded by the plaintiff' 'Whether each proposed imputation was capable of being defamatory' 'Whether the plaintiff should be granted leave to file an amended statement of claim excluding imputations found not capable']

Ratio Decidendi

The article was capable of carrying and of being defamatory in relation to imputations (a), (b), (d), (e), (g) and (h). It was not capable of carrying imputation (c), because the plaintiff's office and the occurrence of assaults did not by themselves support a failure to take proper protective measures, and the article referred to a departmental program to reduce assaults. It was not capable of carrying imputation (f), because Dr Lucire in fact interviewed the inmate and the proposed meaning was a strained or perverse reading. Leave to amend was therefore granted only consistently with those findings.

Court Disposition

Plaintiff granted leave to file an amended statement of claim in accordance with the reasons; jury trial ordered; each party to pay its own costs of the application concerning imputations.

Orders

  • ['The plaintiff is granted leave to file an amended statement of claim in accordance with these reasons within 14 days of today.' "Within 14 days of service upon the defendant's solicitors of the amended statement of claim the defendant is to file and serve a defence in relation to issues to be tried by jury...