Whelan v John Fairfax Publications Pty Limited & Ors [1999] NSWSC 620

New South Wales Supreme Court CITATION : Whelan v John Fairfax Publications Pty Limited & Ors [1999] NSWSC 620 CURRENT JURISDICTION : Common Law Division Defamation List FILE NUMBER(S) : 20499/98 - 20502/98; 20503/98 HEARING DATE(S) : 3 May 1999 JUDGMENT DATE : 28 June 1999

Paul Francis Patrick Whelan (Plaintiff) Colleen Whelan (Plaintiff) PARTIES : John Fairfax Publications Pty Limited (First Defendant) Darren Goodsir (Second Defendant) Heath Gilmore (Third Defendant) JUDGMENT OF : Dunford J

COUNSEL : TK Tobin QC / PW Gray / A Pearman (Plaintiffs) SD Rares SC (Defendants) SOLICITORS : Jones Staff & Co. (Plaintiffs) Freehill Hollingdale & Page (Defendants) CATCHWORDS : DEFAMATION - Imputations ACTS CITED : Defamation Act 1974 Amalgamated Television Services Pty Limited -v- Marsden (1998) 43 NSWLR 158. Mirror Newspapers Ltd -v- Harrison (1982) 149 CLR 293. CASES CITED : Drummoyne Municipal Council -v- Australian Broadcasting Corporation (1990) 21 NSWLR 135. Jones -v- Skelton [1964] NSWR 485 PC. Horwood -v- Statesman Publishing Co (1929) 98 LJKB 450. Isaacs -v- John Fairfax & Sons Ltd [1980] 2 NSWLR 651. DECISION : See paras 29-31.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST DUNFORD J 28 JUNE 1998 20499/98 - 20502/98 - Paul Francis Patrick WHELAN -v- John Fairfax Publications Pty Limited & 2 Ors 20503/98 - Colleen WHELAN -v- John Fairfax Publications Pty Limited & 2 Ors JUDGMENT 1 HIS HONOUR: This is the trial pursuant to s 7A(1) of the Defamation Act 1974 (the Act) of the issue whether the matters complained of (which in each case forms an annexure to the Statement of Claim) are reasonably capable of carrying the imputations pleaded by the plaintiffs. The defendants concede that if the material is reasonably capable of bearing the imputations alleged (or any of them) such imputations are reasonably capable of being defamatory of the relevant plaintiff. 2 Each of the matters complained of relates in one way or another either to the Orient Hotel in The Rocks, Sydney and the alleged financial interest in that hotel of the plaintiff, Paul Frances Patrick Whelan, who is and was at all material times the Minister of Police, and who is the plaintiff in each of the proceedings except no. 20503 of 1998, in which the plaintiff is his wife; or to his relationship to a travel agency, Perfect Travel, allegedly managed and partly owned by his wife.