NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Stanton v Fell [2013] NSWSC 1001 Hearing dates: 20 May 2013; 21 May 2013; 22 May 2013; 23 May 2013; 24 May 2013; 27 May 2013; 29 May 2013 Decision date: 29 July 2013 Before: Simpson J Decision: (i) Verdict for the defendant; (ii) The plaintiff is to pay the defendant's costs. Catchwords: DEFAMATION - trial by judge alone - Defamation Act 2005 - publication of email - limited number of recipients - imputations pleaded related to plaintiff's competency to supervise trainee vascular surgeons' clinical work - natural and ordinary meaning - true innuendo - extrinsic facts - imputations not conveyed - verdict for defendant - plaintiff to pay defendant's costs
DEFAMATION - defences - contextual truth - s 26 Defamation Act 2005 - substantial truth - s 25 Defamation Act 2005 - qualified privilege at common law - statutory qualified privilege - s 30 Defamation Act 2005 - malice - defences of qualified privilege not defeated by malice - triviality - s 33 Defamation Act 2005 Legislation Cited: Defamation Act 2005 Cases Cited: Adam v Ward [1917] AC 309 Toogood v Spyring (1834) 1 Cr M & R 181; 149 ER 1044 Category: Principal judgment Parties: Arthur Peter Stanton (Plaintiff) Gary Fell (Defendant) Representation: Counsel: K P Smark SC/S T Chrysanthou (Plaintiff) P J Hayes (Defendant) Solicitors: Access Law Group (Plaintiff) Russell Kennedy, Melbourne (Defendant) File Number(s): 2012/288471
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