Raymond SOLAIMAN v FAIRFAX MEDIA PUBLICATIONS PTY LIMITED & Anor [2008] NSWSC 847

New South Wales Supreme Court

CITATION : Raymond SOLAIMAN v FAIRFAX MEDIA PUBLICATIONS PTY LIMITED & Anor [2008] NSWSC 847

HEARING DATE(S) : Wednesday 13 August 2008 JUDGMENT OF : Simpson J

EX TEMPORE JUDGMENT DATE : 13 August 2008

DECISION : Imputations D(i), D(ii), E(ii), G, H(i), H(ii) and I are struck out. Plaintiff granted leave to replead imputations C, D(ii), H(ii) and I.

CATCHWORDS : DEFAMATION - Capacity of the article to convey imputations - ordinary reasonable reader taken to have read the whole matter complained of - difference in substance - UCPR 14.30 subrule 3 applicable to defamation actions under the 2005 Act.

Defamation Act 2005 LEGISLATION CITED : Uniform Civil Procedure Rules Defamation Act 1974

CASES CITED : Malcolm v Nationwide News Pty Ltd [2007] NSWCA 254; (2007) Aust Torts Reports 81-915 Mirror Newspapers Limited v Harrison [1982] HCA 50; (1982) 149 CLR 293

PARTIES : Raymond SOLAIMAN (Plaintiff) FAIRFAX MEDIA PUBLICATIONS PTY LIMITED (Defendant)

FILE NUMBER(S) : SC 20202/08

COUNSEL : S T Chrysanthou (Plaintiff) D Sibtain (Defendant)

SOLICITORS : Goldsmiths Lawyers (Plaintiff) Freehills (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST SIMPSON J

Wednesday 13 August 2008

20202/08 – Raymond SOLAIMAN v FAIRFAX MEDIA PUBLICATIONS PTY LIMITED & Anor

JUDGMENT 1 HER HONOUR: The plaintiff sues for defamation allegedly arising out of an article published in the Sun Herald on 18 May 2008 under the heading "Crackdown on migration reps". The article is illustrated by a significantly sized photograph of the plaintiff who is identified by name and who the caption makes plain is being or has been "questioned" – the inference, from the whole of the material, being that he has been, or is being, questioned in relation to improprieties as a migration agent.