TCN 9 Pty Ltd v LOOSLEY [1992] NSWCA 247

TCN 9 Pty Ltd v LOOSLEY [1992] NSWCA 247

The majority held that while the broadcasts were capable of conveying a suspicion of conspiracy regarding the payment made to Virginia Perger, they were not capable of conveying the specific imputation alleged: that the respondent had in fact conspired to pervert the course of justice. The connection between the respondent and the alleged conspiracy did not sufficiently arise from the published matter so as to be put to a jury.

Parties
Appellant: TCN 9 Pty Ltd; Respondent: Stephen Loosley
Jurisdiction
Australia
Judgment Date
09 October 1992
Procedural Posture
Defamation Appeal / Appeal From Finding on Capacity of Published Matter to Convey Pleaded Imputations
Outcome
Appeal allowed
Legal Topics
Capacity of Broadcast to Convey Defamatory Imputation, Meaning of Published Matter, Conspiracy to Pervert Course of Justice
Defamation Capacity of Broadcast to Convey Defamatory Imputation Meaning of Published Matter Conspiracy to Pervert Course of Justice

Case Brief

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Parties

TCN 9 Pty Ltd

Appellant

Stephen Loosley

Respondent

Procedural Posture

Defamation Appeal / Appeal From Finding on Capacity of Published Matter to Convey Pleaded Imputations

Legal Issues

  1. 1 Whether the broadcasts were capable of conveying the imputation that the respondent had perverted the course of justice by conspiring to arrange for payment to induce a false guilty plea

Ratio Decidendi

The majority held that while the broadcasts were capable of conveying a suspicion of conspiracy regarding the payment made to Virginia Perger, they were not capable of conveying the specific imputation alleged: that the respondent had in fact conspired to pervert the course of justice. The connection between the respondent and the alleged conspiracy did not sufficiently arise from the published matter so as to be put to a jury.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal be granted.
  • Appeal allowed.