TCN 9 Pty Ltd v LOOSLEY [1992] NSWCA 247

TCN 9 Pty Ltd v LOOSLEY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and CRIPPS JJA 15 September 1992, 9 October 1992

[1992] NSWCA 247

Defamation — imputation that respondent had perverted the course of justice in that he had conspired with others to arrange for the payment of money to Virginia Perger to induce her to falsely plead guilty to a charge of wilfully and corruptly making false statements concerning the respondent — whether such imputations capable of being conveyed in these television broadcasts. Held: (Clarke and Cripps JJA, Priestley JA contra) while the second broadcast (the interview) was capable of conveying an imputation of conspiracy it was not capable of conveying an imputation that the respondent was a party to that conspiracy — the other two broadcasts were also incapable of conveying the imputation.

Farquhar v Bottom (1980) 2 NSWLR 380; Mirror Newspapers Ltd v Harrison 149 CLR 293.

Priestley JA The question argued in this application for leave to appeal concerned matter alleged by Mr Stephen Loosley ("the plaintiff') to have been published of him by the first defendant TCN Channel Nine Pty Ltd ("Channel 9") and the second defendant Transmedia Productions Pty Ltd. The precise question was whether the matter published was capable of bearing a particular imputation defamatory of the plaintiff.

At first instance, Abadee J, after a separate trial of the capacity of the matter complained of to convey the imputation, had held that it was capable of doing so.

The defendants sought leave to appeal against that finding. The argument in this court was within narrow boundaries, and the parties said that if the court thought leave should be granted, then the appeal could be decided without further argument, it being agreed that all matters relevant to an appeal had already been fully argued.