Fairfax Media Publications Pty Ltd v Bateman [2015] NSWCA 154

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fairfax Media Publications Pty Ltd v Bateman [2015] NSWCA 154 Hearing dates: 20 and 21 April 2015 Decision date: 04 June 2015 Before: McColl JA at [1]; Basten JA at [119]; Macfarlan JA at [230] Decision: (1) Grant the applicants leave to appeal from the orders made by McCallum J in the Common Law Division on 9 October 2014. (2) Direct that the applicants file a notice of appeal in the form of the draft notice of appeal contained in the white book within seven days. (3) Dismiss the appeal. (4) Order the applicants to pay the respondent's costs of the proceedings in this Court. Catchwords: APPEAL – interlocutory – defendant's pleading struck out – whether defence available at law – whether pleading had tendency to prejudice, embarrass or cause delay

DEFAMATION – defences – whether David Syme & Co Ltd v Hore-Lacy [2000] 1 VR 6 stated a separate common law defence of justification – whether defendant bound by plaintiff's pleadings – whether defendant able to plead and justify alternative imputations not substantially different from plaintiff's imputations – English authorities reviewed

PRACTICE AND PROCEDURE – defamation – defence – pleading imputation – whether defendant able to plead alternative imputations not substantially different from plaintiff's imputations – whether Uniform Civil Procedure Rules 2005 (NSW), rr 14.30-14.32 preclude such pleading

STATUTORY INTERPRETATION – uniform defamation laws – interrelationship of statute and common law – effect of common purpose of uniform legislation in interpretation of Defamation Act 2005 (NSW) – meaning of "the general law" as preserved by the Defamation Act, s 6 and s 24 – whether reference to general law includes judicial exegesis of statutory provisions – whether preserved general law reflects modifications by legislative instruments or by acts of Parliament only – whether Uniform Civil Procedure Rules affected common law defence of justification