Trindall v Nationwide News Pty Limited [2010] NSWSC 410

New South Wales Supreme Court

CITATION : Trindall v Nationwide News Pty Limited [2010] NSWSC 410

HEARING DATE(S) : 6 April 2010

JUDGMENT DATE : 7 May 2010

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

DECISION : Defendants' motion dismissed with costs.

CATCHWORDS : DEFAMATION - statements amounting to defamation - particular statements - whether a mere statement that a person has been charged with criminal offences coupled with further information is capable of imputing guilt - whether imputation is bad in form and not capable of being conveyed

CASES CITED : Griffith v John Fairfax Publications [2004] NSWCA 300 Malcolm v Nationwide News Pty Ltd [2007] NSWCA 254

TEXTS CITED : "Abolishing Child Sex Tourism: Australian's Contribution" [2002] AUJIH Rights 17; (2002) 8 Australian Journal of Human Rights 101

Darrell Trindall (Plaintiff) PARTIES : Nationwide News Pty Limited (1st Defendant) James Hooper (2nd Defendant)

FILE NUMBER(S) : SC 2010/29548

COUNSEL : M Richardson (Plaintiff/Respondent) A Leopold SC/ L Brown (Defendants/Applicant)

SOLICITORS : Kennedys (Plaintiff) Blake Dawson (Defendants)

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

McCLELLAN CJ at CL

FRIDAY 7 MAY 2010

2010/29548 TRINDALL v NATIONWIDE NEWS PTY LIMITED & ANOR

JUDGMENT 1 HIS HONOUR: On 10 January 2010 the first and second defendants published an article in NSW and in other States and Territories of Australia in the Sunday Telegraph. The article was headed "Tricky's Thailand Troubles" and read as follows: "Tricky's Thailand troubles The family of former rugby league player Darrell "Tricky" Trindall claims he has been arrested by Thai police and accused of sexually assaulting a teenage boy. Trindall's ex-wife, Belinda, said he had been on holidays in the resort city of Pattaya. Thai officials contacted her early yesterday, saying he had been questioned and charged. She confirmed to the Sunday Telegraph that Trindall had been detained but said she was uncertain what he had been charged with. 'I had a call at five o'clock this morning from the police to say he was in custody, but I don't know too much.' Ms Trindall and the retired South Sydney halfback ended their marriage more than a year ago but are understood to remain close friends. The Australian Federal Police and The Department of Foreign Affairs and Trade said yesterday they had no record of Trindall's arrest, or any request for assistance on his behalf. Trindall has been in Thailand for more than two weeks and has posted regular updates about his vacation on the Internet. He had been due to return several days ago but delayed his flight after losing his passport. Yesterday Trindall's Facebook page was updated with a message attempting to quash the news of his arrest. 'What about the story going around that I got locked up in a Thailand jail last night that's the best ever, lol, I'm off 2 to the beach c ya (sic)', the update read Sources close to Trindall's family believe the comment was written by one of his two sons, Jordan and Jake, who have access to the site." 2 The plaintiff has commenced defamation proceedings in which he pleaded that the article was defamatory of him. The statement of claim pleads that the article conveys various defamatory imputations including four which are challenged. They are as follows: