Zeccola v Fairfax Media Publications Pty Ltd [2014] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Zeccola v Fairfax Media Publications Pty Ltd [2014] NSWSC 227 Hearing dates: 13 June 2013 Decision date: 13 March 2014 Before: McCallum J Decision: Defendants' contextual imputations (i), (iv)(b) and (v) struck out Catchwords: DEFAMATION - defences - contextual truth - whether defence liable to be struck out where no additional particulars of truth relied upon beyond the repetition of those provided in support of defence of truth - whether open to plead alternative contextual imputations - capacity of matter complained of to convey "suspicion" imputation - requirement that the existence of a suspicion objectively held by some person or authority be capable of being conveyed even though there is no requirement to identify that person or authority in the imputation

DEFAMATION - defences - defence of truth at common law - whether open to plead contextual imputations alternatively as Hore-Lacy meanings Legislation Cited: Defamation Act 1974, s 16 Defamation Act 2005, ss 25, 26 Uniform Civil Procedure Rules 2005, r 14.28 Cases Cited: Besser v Kermode [2011] NSWCA 174; reported as Fairfax Media Publications Pty Ltd v Kermode (2011) 81 NSWLR 157 David Syme & Co Ltd v Hore-Lacy [2000] VSCA 24; (2000) 1 VR 667 Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118 Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 John Fairfax Publications Pty Ltd v Blake [2001] NSWCA 434 John Fairfax Publications Pty Ltd v Hitchcock [2007] NSWCA 364; (2007) 70 NSWLR 484 Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd, Supreme Court of New South Wales, 14 May 2010, unreported Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2012] NSWSC 1136 Ron Woodham v John Fairfax Publications Pty Ltd [2005] NSWSC 1204 (2005) Aust Torts Reports 81-822 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Category: Interlocutory applications Parties: Antonio Zeccola (second plaintiff) Benjamin Zeccola (third plaintiff) Fairfax Media Publications Pty Ltd (first defendant) Brian Rosen (second defendant) Michaela Boland (third defendant) Screen Hub Pty Ltd (fourth defendant) John Paxinos (fifth defendant) Alexander Prior (sixth defendant) Representation: Counsel: CA Evatt, R Rasmussen (plaintiffs) ATS Dawson (first to third defendants) M Richardson (fourth to sixth defendants) Solicitors: Millens Lawyers (plaintiffs) Banki Haddock Fiora (first to third defendants) Kennedys Citigroup Centre (fourth to sixth defendants) File Number(s): 2009/297851 Publication restriction: None