NSW Caselaw
Reported Decision: (2007) Aust Torts Reports 81-915
New South Wales Court of Appeal
CITATION: Malcolm v Nationwide News Pty Limited [2007] NSWCA 254
HEARING DATE(S): 22 August 2007
JUDGMENT DATE: 18 September 2007
JUDGMENT OF: Beazley JA at 1; Basten JA at 32; McClellan CJ at CL at 34
DECISION: The appeal is allowed with costs.
CATCHWORDS: DEFAMATION – defamatory imputation – alleged defamatory imputation arising from newspaper article – article contained allegations of guilt and allegations of police suspicion of guilt – capacity of matter complained of to convey defamatory imputation – whole of the published matter to be considered – whether the trial judge erred in finding that the imputation was not capable of being conveyed
LEGISLATION CITED: Defamation Act 1974 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 28.2
Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Chalmers v Payne (1835) 2 CM & R 156 Charleston & Anor v News Group Newspapers Ltd & Anor [1995] 2 AC 65 Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716; [2005] HCA 52 CASES CITED: Griffith v John Fairfax Publications [2004] NSWCA 300 John Fairfax Publications Pty Ltd v Rivkin (2003) 77 ALJR 1657 at 1662; [2003] HCA 50 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspapers Limited v Harrison (1982) 149 CLR 293; [1982] HCA 50 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669
PARTIES: Rohan Malcolm (Appellant) Nationwide News Pty Limited (Respondent)
FILE NUMBER(S): CA 40641/06
COUNSEL: P Jones; D Morgan (Appellant) TD Blackburn SC; ST Chrysanthou (Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate