RIGBY v JOHN FAIRFAX GROUP PTY LTD and ORS [1996] NSWCA 450

RIGBY v JOHN FAIRFAX GROUP PTY LTD and ORS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, PRIESTLEY and MEAGHER JJA 12 December 1994 and 19 September 1995, 1 February 1996

[1996] NSWCA 450

DEFAMATION — pleading — imputations — imputations of guilt — report of arrest and charge — when imputation of guilt available — relevance of elaboration of news report — held: Imputations of guilt available — appeal allowed. LAW REFORM — defamation pleading — need for simplification.

DEFAMATION — pleading — imputations — newspaper and television reports — report of teacher's arrest and charge of sexual assault against male pupils — teacher pleads imputations that he was guilty of assaults and conduct warranted allegations of sexual assaults — imputations of guilt rejected by judge in Defamation List (Levine J) — whether imputations available in the context of the publications complained of — held: (Priestley JA; Kirby P and Meagher JA concurring):

(1) A report which does no more than to state that a person has been arrested and charged with a criminal offence is incapable of bearing the imputation of guilt. Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 applied; Rochfort v John Fairfax and Sons Limited [1972] 1 NSWLR 16 (CA); Wheelan v John Fairfax and Sons Limited (1988) 12 NSW LR 148 (SC) discussed;

(2) Because of the elaboration of the reports in the instant case, the plaintiff could rely on the imputation of guilt so that it would be for the jury to determine whether the imputation was in fact established. Observations by the

Court on the proper approach to pleadings of imputations in defamation.

Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 (CA); Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 (CA) referred to.

PRACTICE and PROCEDURE - defamation - pleading of imputations - report of arrest and charge on sexual criminal offences - report elaborated - whether plaintiff may rely on imputation of guilt - whether report within immunity for mere report of arrest and charge.