NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: MacDonald v Australian Broadcasting Corporation [2014] NSWSC 1472 Hearing dates: 24 October 2014 Decision date: 27 October 2014 Before: McCallum J Decision: Application to strike out parts of the defence allowed in part; parties directed to bring in short minutes of order within seven days reflecting the further steps to be taken in the proceedings in accordance with these reasons. Catchwords: DEFAMATION - defences - defence of contextual truth Legislation Cited: Defamation Act 1974 Defamation Act 2005 Cases Cited: John Fairfax Publications Pty Ltd v Jones [2004] NSWCA 205 Jones v Fairfax [2014] NSWSC 1453 MacDonald v Australian Broadcasting Corporation [2014] NSWSC 206 Singleton v Ffrench (1986) 5 NSWLR 425 Category: Interlocutory applications Parties: Ian MacDonald (plaintiff) Australian Broadcasting Corporation (defendant) Representation: Counsel: TS Hale SC, D Mackay (plaintiff) ATS Dawson (defendant) Solicitors: Bilbie Dan (plaintiff) R Simpson, Australian Broadcasting Corporation (defendant) File Number(s): 2014/07150 Publication restriction: None
Judgment 1HER HONOUR: These are proceedings for defamation arising out of the broadcast of a news item on ABC television. The ABC has pleaded defences of justification (truth) and contextual truth. This judgment determines an application by the plaintiff, Mr Ian MacDonald, to have parts of that defence struck out.
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