Carney v Fairfax Media Publications Pty Limited [2016] NSWSC 1246

Carney v Fairfax Media Publications Pty Limited [2016] NSWSC 1246

The online publication was capable of conveying the pleaded imputations because it included a reader comment referring to people exploiting compensation and to taxpayers subsidising malingerers. Although the print articles did not include that comment, they were also capable, if barely, of conveying the imputations because the articles could be understood as implicitly critical of the plaintiff, including by referring to her history of workplace conflict and lodging claims against CommCare going back 20 years. The imputations were therefore ruled capable of arising and the proceedings were referred to mediation.

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Defamation Proceedings / First Listing (adjourned); Ruling on Whether Pleaded Imputations Were Capable of Arising From the Matters Complained of
Outcome
Imputations ruled capable of arising; proceedings referred to mediation.
Legal Topics
['capacity of Imputations' 'online and Print Publication' 'referral to Mediation']
['defamation' 'civil Procedure'] ['capacity of Imputations' 'online and Print Publication' 'referral to Mediation']

Case Brief

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Procedural Posture

Defamation Proceedings / First Listing (adjourned); Ruling on Whether Pleaded Imputations Were Capable of Arising From the Matters Complained of

Legal Issues

  1. 1 ['Whether the pleaded defamatory imputations were reasonably capable of arising from the online publication.' 'Whether the pleaded defamatory imputations were reasonably capable of arising from the two print articles.' 'Whether the proceedings should be referred to mediation.']

Ratio Decidendi

The online publication was capable of conveying the pleaded imputations because it included a reader comment referring to people exploiting compensation and to taxpayers subsidising malingerers. Although the print articles did not include that comment, they were also capable, if barely, of conveying the imputations because the articles could be understood as implicitly critical of the plaintiff, including by referring to her history of workplace conflict and lodging claims against CommCare going back 20 years. The imputations were therefore ruled capable of arising and the proceedings were referred to mediation.

Court Disposition

Imputations ruled capable of arising; proceedings referred to mediation.

Orders

  • ['Imputations ruled to be capable of arising.' 'Proceedings referred to mediation in a manner agreed upon by the parties, failing which a court-annexed mediation.']