NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McMahon v John Fairfax Publications Pty Limited (No 3) [2012] NSWSC 196 Hearing dates: 7-10, 13-17, 20-24, 27-29 February; 1-2, 5-6 March 2012 Decision date: 07 March 2012 Before: McCallum J Decision: Plaintiff's application to have parts of defence struck out dismissed; defendants' application for leave to amend defence allowed in part. Catchwords: PROCEDURE - pleadings - defamation -strike-out application - contextual truth defence - whether contextual imputation liable to be struck out as being incapable of being defamatory - substantial truth defence - whether particulars capable of sustaining defence
PROCEDURE - pleadings - defamation - application for leave to amend defence - whether too late - where prompted by late provision of discoverable documents - whether contextual imputation capable of being an other imputation carried in addition to plaintiff's imputations Legislation Cited: Defamation Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Besser v Kermode [2011] NSWCA 174 John Fairfax Publications v Blake [2001] NSWCA 434 John Fairfax Publications Pty Limited v Jones [2004] NSWCA 205 McMahon v John Fairfax Publications Pty Ltd (Supreme Court of New South Wales, Nicholas J, 8 March 2010, unreported) McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308 Mizikovsky v Queensland Television Ltd (No 3) [2011] QSC 375 Spencer v Commonwealth [2010] HCA 28 Category: Procedural and other rulings Parties: Bryan McMahon (plaintiff) John Fairfax Publications Pty Limited (first defendant) Marcus Priest (second defendant) Rachel Nickless (third defendant) Representation: B McClintock SC, K Andronos (plaintiff) ATS Dawson, L Brown (defendants) Ardent Lawyers (plaintiff) Banki Haddock Fiora Lawyers (defendants) File Number(s): 2008/289210 Publication restriction: Not to be posted on the internet until after the conclusion of the jury trial that commenced on 8 February 2012
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