NSW Caselaw
New South Wales Supreme Court
CITATION : Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 645
HEARING DATE(S) : 5 May 2010
JUDGMENT DATE : 21 June 2010
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
DECISION : Contextual imputation (iv) is struck out.
CATCHWORDS : DEFAMATION – pleadings – defence – whether parts of truth and contextual truth defences should be struck out under UCPR 14.28(1) – adequacy of particulars to support truth defence – test to be applied – capacity of matter complained of to convey contextual imputation pleaded – whether contextual imputation pleaded is an "other imputation" – context of publication relevant – permissible breadth of contextual imputation – adequacy of particulars of the truth of contextual imputations to support contextual truth defence – effect of admission by plaintiff of some particulars of truth – whether fact is in issue after admission – whether contextual imputations differ in substance – availability of particulars of bad reputation to support plea of bad reputation
Civil Procedure Act 2005 LEGISLATION CITED : Defamation Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
Allen v John Fairfax & Sons Ltd (NSWSC, 2 December 1988, unreported) General Steel Industries Inc v Commissioners for Railways (NSW) [1964] HCA 69; 112 CLR 125 CASES CITED : Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 Hayson v John Fairfax Publications Pty Ltd [2007] NSWSC 763 John Fairfax Publications Pty Ltd v Jones [2004] NSWCA 205 Maisel v Financial Times Ltd [1915] 112 LT 953
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