New Zealand Case Law: Decisions & Judgments

Topic

Meaning of published words

Legal area

Court

12 Jul 2010

B HOWARD-SMITH V TRUTH WEEKENDER LTD AND ORS HC AK CIV-2010-404-000843

Citation

openlaw-5ba21d8a_ccee_4019_b4aa_aedc524ba9a6.pdf
Court

High Court

Judge Bell held that the plaintiff had complied with s37(1) and s37(2) by pleading the specific extracts complained of together with the natural and ordinary meanings alleged and a plea of falsity; in a straightforward case the court will not require the plaintiff to map each pleaded meaning to particular words within the extracts and will not require further particulars identifying which parts are untrue beyond the pleaded falsity.
8 Sept 2006

HODGSON AND ANOR V SIEMER AND ORS HC AK CIV 2005-404-1808

Citation

openlaw-cc7b059c_23b6_4e2f_bde8_e406e076506e.pdf
Court

High Court

The court dismissed the defendants' application to determine termination of the 2001 agreement as inappropriate for r 418 and for separate trial, ordered that the question whether the published words are capable of bearing the pleaded defamatory meanings be determined as a preliminary issue (making the orders sought in paras 2,3,4,5 and 7), refused to vary the interim injunction to allow reinstatement of the billboard because the defendant had breached the injunction and had not purged contempt (outstanding costs), and made timetable directions and a partial costs award to the plaintiffs (50%…
25 Mar 2004

EDGAR ALEXANDER And Ors V GRAEME CLEGG And Anor CA CA168/02

Citation

openlaw-06f8cdf6_d185_4f7c_8a26_7e3a36fa73e2.pdf
Court

Court of Appeal

The Court held the circular in its entirety was protected by qualified privilege given New Image's duty/interest to inform its distributors and the entitlement to reply to attacks; the appellants failed to establish malice/recklessness for injurious falsehood; accordingly the appeal is dismissed and the cross-appeal allowed, judgment to be entered for the respondents with costs.

New Zealand Case Law

B HOWARD-SMITH V TRUTH WEEKENDER LTD AND ORS HC AK CIV-2010-404-000843

HODGSON AND ANOR V SIEMER AND ORS HC AK CIV 2005-404-1808

EDGAR ALEXANDER And Ors V GRAEME CLEGG And Anor CA CA168/02