Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6

High Court of Australia McTiernan A.C.J. Menzies, Gibbs, Stephen and Mason JJ. Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6

ORDER Appeal and cross-appeal each dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1975, Feb. 21 McTiernan A.C.J.

This was an action for defamation brought in the Supreme Court of New South Wales. The Defamation Act, 1958 N.S.W. (Act No. 39 of 1958) applied to the action. It is material to refer to the following sections of the Act:

5.

Any imputation concerning any person, or any member of his family, whether living or dead, by which the reputation of that person is likely to be injured, or by which he is likely to be injured in his profession or trade, or by which other persons are likely to be induced to shun or avoid or ridicule or despise him, is called defamatory, and the matter of the imputation is called defamatory matter.

The imputation may be expressed either directly or by insinuation or irony.

6.

The question whether any matter is or is not defamatory is a question of fact.

The question whether any matter alleged to be defamatory is or is not capable of bearing a defamatory meaning is a question of law.

7. A person who, by spoken words or audible sounds, or by words intended to be read either by sight or touch, or by signs, signals, gestures, or visible representations, publishes any defamatory imputation concerning any person is said to defame that person.

1. It is unlawful to publish defamatory matter unless the publication is protected, or justified, or excused by law.

2. The unlawful publication of defamatory matter is an actionable wrong.

The declaration begins by stating that, "the plaintiff owned and controlled Middle East Airlines an international airline with headquarters at Beirut International Airport, Beirut, Lebanon, its flight numbers being prefaced by the letters "M.E." and its insignia a green cedar tree and the plaintiff employed Australian pilots as well as Arab pilots in its fleet which comprised fourteen aircraft and the defendant published a newspaper called "Woman's Day" with a large and extensive circulation " The declaration continues, "the defendant by itself its servants and agents in an issue of the said Woman's Day dated 11th January 1971 falsely and maliciously published of and concerning the plaintiff the words following " There follows a story headed "Dateline Masada" which runs into seventy-eight pages of the appeal book. At the conclusion of what is alleged to be the defamatory material the declaration continues as follows: