John Fairfax & Sons Ltd & Anor v. Punch, L.F. [1980] FCA 123

CATCHWORDS

Defamation - words indicating loss of confidence of members of political party in leader of party - whether defamatory

of eader.

John Fairfax § Sons Limited § anor. v. Leon Ashton Punch

No. F.C. 39 of 1979

CORAM: Blackburn, Northrop and Brennan JJ.

DATE: 29 August 1980.

CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA ) ) GENERAL DIVISION ) No. F.C. 39 of 1979 ) CANBERRA REGISTRY ) BETWEEN: JOHN FAIRFAX §& SONS LIMITED

and

AUSTRALIAN ASSOCIATED PRESS PTY. LIMITED

Appellants

AND: LEON ASHTON PUNCH

Respondent

ORDER

JUDGES MAKING ORDER: Blackburn, Northrop and Brennan JJ.

DATE OF ORDER: 29 August 1980.

WHERE MADE: Canberra

THE COURT ORDERS THAT:

(1) the appeal be dismissed with costs.

BLACKBURN §& NORTHROP JJ.

The main question for determination in this appeal 1s whether certain published material was capable in law of being defamatory of the respondent. The trial judge's finding that the material was in fact defamatory was also challenged; but

this argument was subsidiary.

The respondent sued the appellants in the Supreme Court of the Australian Capital Territory for damages for defamation. At that hearing the appellants relied upon a number of other defences which were rejected. The Court awarded damages against the appellants. On appeal, the appellants did not challenge the reasons of the learned trial Judge insofar as they related to thaovre unsuccessful defences, nor did they challenge the quantum of damages awarded to the respondent. As a result, the issues raised on the appeal were limited to the two issues alieady mentioned. To prevert the possibility of misunderstanding, 1t must be made clear that tl]: question of qualified privilege did not, and on the facts could nuc,

arisc.

In April 1976 the respondent sucd the appellants in the Supreme Court of the Australian Capital Territory for damages fo1 defamation. The respondent was a member of the Legislative Assem' 's of the Parliament of New South Wales, and Leader of the Australia Country Paity (N.S.W.) in that Parliament. He was at the materia. time the Deputy Premier of New South Wales. The first named appellant (Tairfax) published The Sydney Morning Herald, The Canb .: Times, Newcastle Morning Ilerald, and Norther Star newspapers. Th second named appellant (A.A.P.) operates a news and information