Fierravanti-Wells v Channel Seven Sydney Pty Ltd (No. 3) [2011] NSWDC 201

Fierravanti-Wells v Channel Seven Sydney Pty Ltd (No. 3) [2011] NSWDC 201

The defendants had a satisfactory explanation for the late amendment because the proceedings had been affected by difficult appellate issues and a shortened preparation timetable. Besser v Kermode made clear that a nuance or shades of meaning defence is available under the uniform defamation legislation. The proposed imputation concerning the plaintiff's study trip being an example of dubious study trips was capable of being conveyed and defamatory, was a nuance of the plaintiff's imputation rather than a substantially different or more injurious imputation, and no estoppel arose. Although further particulars were required, the objections to form, capacity, defamatory meaning and...

Jurisdiction
Australia
Judgment Date
13 December 2011
Procedural Posture
Defamation Proceeding / Interlocutory Application by Defendants for Leave to Amend Defence to Plead Truth at Common Law
Outcome
Application for leave to amend granted, with orders for further and better particulars and submissions on costs.
Legal Topics
['defence of Truth at Common Law' 'contextual Truth' 'nuance or Shades of Meaning Defence' 'leave to Amend Defence' 'particulars of Truth' 'defamatory Imputations']
['tort' 'defamation' 'civil Procedure'] ['defence of Truth at Common Law' 'contextual Truth' 'nuance or Shades of Meaning Defence' 'leave to Amend Defence' 'particulars of Truth' 'defamatory Imputations']

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

Defamation Proceeding / Interlocutory Application by Defendants for Leave to Amend Defence to Plead Truth at Common Law

Legal Issues

  1. 1 ['Whether the defendants should be granted leave to amend their defence to replace a contextual truth plea with a plea of truth at common law.' 'Whether the common law of Australia recognises a nuance or shades of meaning defence under the uniform defamation legislation.' "Whether the proposed new imputation was properly framed, capable of being conveyed and defamatory, and not substantially different from or more injurious than the plaintiff's imputation." 'Whether the defendants had provided adequate particulars to support the proposed truth plea.' 'Whether any estoppel arose from an earlier imputation being struck out.']

Ratio Decidendi

The defendants had a satisfactory explanation for the late amendment because the proceedings had been affected by difficult appellate issues and a shortened preparation timetable. Besser v Kermode made clear that a nuance or shades of meaning defence is available under the uniform defamation legislation. The proposed imputation concerning the plaintiff's study trip being an example of dubious study trips was capable of being conveyed and defamatory, was a nuance of the plaintiff's imputation rather than a substantially different or more injurious imputation, and no estoppel arose. Although further particulars were required, the objections to form, capacity, defamatory meaning and...

Court Disposition

Application for leave to amend granted, with orders for further and better particulars and submissions on costs.

Orders

  • ['The defendants provide further and better particulars by 4.00pm Friday 16 December 2011 of the following: (a) Further and better particulars of paragraphs (l2) and (m1) to include facts and matters relied upon in support of the assertion in the proposed new imputation that the plaintiff\'s study trip was an...