DOUGLASS v JOHN FAIRFAX and SONS LIMITED [1989] NSWCA 67

DOUGLASS v JOHN FAIRFAX and SONS LIMITED SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, CLARKE and MEAGHER JJA 6 February 1988, 27 February 1989 [1989] NSWCA 67

Defamation — imputations — separate trial as to capacity of publication to convey — whether imputations of fact available as opposed to imputations of suspicion — whether imputations as to impropriety available as opposed to imputations as to incompetence — leave to appeal granted and appeal allowed. ORDERS (1) Leave to appeal granted; (2) Appeal allowed; (3) Summons dismissed save as regards order of Hunt J as to the amendment of imputations (iv) and (v); (4) Costs of separate tria' to be appellant's costs in the proceedings. (5) Respondent to pay the costs of the summons and of the application for leave to appeal and the appeal.

Hope, Clarke and Meagher JJA John Fairfax and Sons Limited (Fairfax) publishedon p 29 of the "Business" section (the front page of that section) of the Sydney Morning Herald of 15 August 1988 a photograph of the plaintiff beside which, in prominent letters, was printed:-

"Ts this Sydney broker's future under a cloud? CBD Page 30."

On p 30 at the head of the CBD reports the following appeared:-

"Douglass diplomatic as Potters ponders

The meteoric rise to fame of Potter Partners' Sydney chief Rob Douglass appears to have come to an abrupt halt.

The much-loved Douglass has not been seen in the office since last Tuesday night and it is understood that negotiations currently are under way about his future within the firm.

A call to the outfit's Sydney bunker on Friday drew a cautious response from a minion who advised CBD to ring Melbourne.

But the Melbourne hierarchy refused to answer any questions concerning the former merchant banking whiz or comment on the speculation that he had left the firm.