Jarratt v John Fairfax Publications Pty Ltd [2000] NSWSC 547

New South Wales Supreme Court

CITATION : Jarratt v John Fairfax Publications Pty Ltd [2000] NSWSC 547 revised - 21/06/2000 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20068/00 HEARING DATE(S) : 9 June 2000 JUDGMENT DATE : 19 June 2000

PARTIES : Jeffrey Thomas JARRATT - Plaintiff JOHN FAIRFAX PUBLICATIONS PTY LTD - Defendant JUDGMENT OF : Simpson J at 1

COUNSEL : Mr T K Tobin QC with Mr S Campbell - Plaintiff Mr W H Nicholas QC with Mr T Blackburn - Defendant SOLICITORS : Verekers - Plaintiff Freehill Hollingdale & Page - Defendant CATCHWORDS : Defamation - imputations - difference in substance - SCR Pt 67 R 11(3) - form of imputations - degree of specificity required - capacity of matter complained of to convey imputations. DECISION : Application to strike out imputations refused.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Defamation List

SIMPSON J

Monday 19 June 2000

20068/00 Jeffrey Thomas JARRATT v JOHN FAIRFAX PUBLICATIONS PTY LTD Judgment

HER HONOUR : 1 The plaintiff claims damages for defamatory imputations he alleges were conveyed by the defendant in three separate publications, dated, respectively, 8 September 1999, 5 October 1999 and 7 February 2000. Each publication was contained in the edition for the relevant day of the Sydney Morning Herald of which (it may be accepted for present purposes) the defendant was the publisher. The plaintiff pleads that he is and was at all material times a Deputy Commissioner of the NSW Police Service and Commander, inter alia, of the Communications Group of that Service. This is a separate trial of preliminary issues raised by the defendant relating to the imputations pleaded on behalf of the plaintiff. The defendant seeks orders striking out the imputations pleaded.