McMahon v John Fairfax Publications Pty Limited (No 6) [2012] NSWSC 224

Supreme Court New South Wales

Medium Neutral Citation: McMahon v John Fairfax Publications Pty Limited (No 6) [2012] NSWSC 224 Hearing dates: 7-10, 13-17, 20-24, 27-29 February; 1-2, 5-9, 12, 13 March 2012 Decision date: 16 March 2012 Before: McCallum J Decision: Publication of reserved reasons as to the form of questions for the jury; for withdrawing part of the truth defence from the jury and as to the basis on which the defence of contextual truth should be left. Catchwords: DEFAMATION - defences - substantial truth - whether defence should be left to the jury - contextual truth - whether the jury should be directed to exclude consideration of such of the plaintiff's defamatory imputations as they have found to be substantially true Legislation Cited: Defamation Act 1974 Defamation Act 2005 Legal Profession Act 2004 Cases Cited: Allen v John Fairfax & Sons (NSWCA 2 December 298, unreported) Besser v Kermode [2011] NSWCA 174 Con Ange v Fairfax Media Publications Pty Ltd & Ors [2011] NSWSC 204 John Fairfax Publications Pty Ltd v Hitchcock [2007] NSWSC 364 McMahon v John Fairfax Publications Pty Ltd (No 3) [2010] NSWSC 196 McMahon v John Fairfax Publications Pty Ltd (No43) [2010] NSWSC 216 Mizikovsky v Queensland Television Limited (No 3) [2011] QSC 375 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