Kelly v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 166

Supreme Court New South Wales

Medium Neutral Citation: Kelly v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 166 Hearing dates: 31 January 2013 Decision date: 28 February 2014 Before: McCallum J Decision: Defendant granted leave to file an amended defence in accordance with these reasons Catchwords: DEFAMATION - defences - contextual truth - where plaintiff pleads an imputation as an alternative to another imputation - whether open to defendant to plead the alternative imputation as a contextual imputation - objections as to form of contextual imputations Legislation Cited: Defamation Act 2005, ss 8, 26 Uniform Civil Procedure Rules 2005, rule14.28(1) Cases Cited: Ange v Fairfax Media Publications [2011] NSWSC 204 Besser v Kermode [2011] NSWCA 174; reported as Fairfax Media Publications Pty Ltd v Kermode (2011) 81 NSWLR 157 Kelly v Fairfax Media Publications [2012] NSWSC 690 Tauaifaga v TCN Channel Nine Pty Ltd [2013] NSWSC 8 Category: Interlocutory applications Parties: Andrew Kelly (plaintiff) Fairfax Media Publications Pty Limited (first defendant) Fairfax Digital Australia and New Zealand Pty Limited (second defendant) Representation: Counsel: B McClintock SC with S Chrysanthou (plaintiff) P Gray SC with MA Polden (defendant) Solicitors: Somerset Ryckmans (plaintiff) Johnson Winter & Slattery (defendants) File Number(s): 2010/425752 Publication restriction: None