Griffith v John Fairfax Publications [2004] NSWCA 300

New South Wales Court of Appeal

CITATION : Griffith v John Fairfax Publications [2004] NSWCA 300 HEARING DATE(S) : 23 August 2004 JUDGMENT DATE : 20 October 2004

JUDGMENT OF : Sheller JA at 1; Tobias JA at 2; Young CJ in Eq at 57 DECISION : (a) Appeal allowed in part; (b) Vary Order 1 made by Levine J on 19 February 2004 by deleting therefrom the reference to imputation 6(i) and by adding thereto a reference to imputations 12(d), 13(b) and 14(b); (c) Vary Order 2 made by Levine J on 19 February 2004 by adding thereto a reference to imputation 6(i); (d) Vary Order 3 made by Levine J on 19 February 2004 by deleting therefrom the reference to imputations 12(d), 13(b) and 14(b); (e) Order that paragraph 15 of the Amended Statement of Claim be struck out but that leave be granted to the appellants to replead the allegation of republication of part of the first matter complained of by its inclusion within the second matter complained of by filing a further amended statement of claim within 21 days of the date of those orders; (f) Order that the appellants pay the first and second respondents' costs of the republication issue including the costs of the Notice of Contention; (g) Order that the first and second respondents pay the costs of the appeal with respect to the first matter complained of; (h) Order that the third respondent pay the costs of the appeal with respect to the second matter complained of but to have, if qualified, a certificate under the Suitor's Fund Act, 1951

CATCHWORDS : DEFAMATION - Imputations - Conveyance of - Whether reasonably capable of being conveyed - Whether matter ought to have gone to jury - s7A(1) Defamation Act 1974 LEGISLATION CITED : Defamation Act 1974 CASES CITED : Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 John Fairfax Publications Pty Limited v Rivkin (2003) 77 ALJR 1657 Jeremy Norman Griffith Foundation for Humanity's Adulthood Timothy John Macartney-Snape PARTIES : The Persons Named in Schedule "A" to the Notice of Appeal with Appointment John Fairfax Publications Pty Ltd David Millikan William Anthony McClelland t/as "Cultaware" FILE NUMBER(S) : CA 40188/04 A: K P Smark COUNSEL : 1R & RS: R Lancaster / N Owens R3: P Menadue A: Schweizer Kobras, Sydney SOLICITORS : 1R & 2R: Freehills, Sydney 3R: William Anthony McClelland