John Fairfax Publications Pty Ltd v Hitchcock [2007] NSWCA 364

Reported Decision: 70 NSWLR 484

New South Wales Court of Appeal

CITATION: John Fairfax Publications Pty Ltd v Hitchcock [2007] NSWCA 364

HEARING DATE(S): 2 November 2007

JUDGMENT DATE: 14 December 2007

JUDGMENT OF: Ipp JA at 1; Tobias JA at 24; McColl JA at 43

DECISION: 1. Appeal allowed in part; 2. Set aside the Order (1) of Nicholas J made on 29 January 2007 insofar as his Honour struck out paras 4, 5 (except for para 5(a)(i) and 5(a)(vii)), 6, 7(b), 8, 9(a)(vii), 10, 11, 13 and 14 of the Further Amended Defence filed on 24 October 2006; 3. The respondent to pay one half of the appellant's costs of the appeal but to have a certificate under the Suitor's Fund Act 1951, if otherwise qualified; 4. Remit the question of the costs of the respondent's notice of motion to Nicholas J to be determined in the light of his Honour's Order (1) as varied by the orders of this Court; 5. Otherwise remit the proceeding to the Defamation List for directions as to their further progress.

CATCHWORDS: Practice — summary power to terminate action — principles applicable. Defamation — public interest — whether respondent acted in a way which inherently, expressly or inferentially invited public criticism or discussion — whether imputations related to matters of public interest. Defamation — whether contextual imputation differed in substance from plaintiff's imputation. Defamation — common law pleading — imputations — whether defendant entitled to plead alternative imputations which do not differ in substance from the plaintiff's meanings. Words & phrases — "public interest" — Defamation Act 1974, ss 15, 16 and 31

Defamation Act 1974 Defamation (Amendment) Act 1994 Defamation Act 2005 Suitor's Fund Act 1951 Animal Welfare Act (NT) LEGISLATION CITED: Defamation Act 1901 (ACT) Defamation Act 1889 (Qld) Defamation Act 1957 (Tas) Human Rights Act 1998 (UK) Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Uniform Civil Procedure Rules 1999 (Qld)