NSW Caselaw
New South Wales Court of Appeal
CITATION: Australian Broadcasting Corporation & Anor. v. Hodgkinson [2005] NSWCA 190
HEARING DATE(S): 11 May 2005
JUDGMENT DATE: 15 June 2005
JUDGMENT OF: Hodgson JA at 1; McColl JA at 42; McClellan AJA at 43
DECISION: Appeal dismissed with costs
CATCHWORDS: DEFAMATION - Pleading - Contextual imputation - Whether rhetorical - Whether sufficiently specific and precise - Whether less specificity and precision required than for plaintiff's imputations - Applicability of considerations of practical justice - Relevance of particulars of facts and circumstances relied on to establish truth
LEGISLATION CITED: Defamation Act 1974 ss.7A, 16
Ainsworth v. Burden [2000] NSWSC 105 Amalgamated Television Services Pty. Ltd. v. Marsden (1998) 43 NSWLR 158 Drummoyne Municipal Council v. Australian Broadcasting Commission (1990) 21 NSWLR 135 Hansen v. Border Morning Mail, unreported, 24/10/86 CASES CITED: John Fairfax Publications Pty. Ltd v. Blake [2001] NSWCA 434, 53 NSWLR 541 McBride v. Australian Broadcasting Commission [2000] NSWSC 747 Monte v. Mirror Newspapers Ltd. [1979] 2 NSWLR 663 Morris v. Newcastle Newspapers Pty. Ltd. (1985) 1 NSWLR 260 Whelan v. John Fairfax Pty. Ltd. [2002] NSWSC 1028, 56 NSWLR 89
Australian Broadcasting Corporation - 1st appellant PARTIES: Norman Swan - 2nd appellant Suzanne Hodgkinson - respondent
FILE NUMBER(S): CA 40579/04
Ms. C.E. Adamson SC with Mr. A.T.S. Dawson for appellants COUNSEL: Mr. R.G. McHugh for respondent
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