Fairfax Media Publications Pty Ltd v King [2015] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fairfax Media Publications Pty Ltd v King [2015] NSWCA 172 Hearing dates: 21 May 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Before: McColl JA at [1]; Emmett JA at [2]; Leeming JA at [45] Decision: 1 Application for leave to appeal be dismissed.

2 The Applicants file and serve, within 7 days, any submissions, of no more than 3 pages, that they may wish to make concerning the costs of the draft notice of contention filed by the Respondent on 16 February 2015.

3 The Respondent file and serve any response, of no more than 3 pages, within 14 days.

4 The Applicants file and serve any reply, of no more than 1 page, within 21 days.

5 Subject to any subsequent order in consequence of any submissions so made:

(a) The Applicants pay the Respondent's costs of the application for leave to appeal, excluding the costs of the draft notice of contention filed by the Respondent on 16 February 2015.

(b) The Respondent pay the Applicants' costs of that notice of contention. Catchwords: DEFAMATION – defences – contextual imputations – whether primary judge erred in holding that certain contextual imputations were impermissibly imprecise – whether primary judge misapplied principles stated in Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 at 137 Legislation Cited: Defamation Act 2005 (NSW), ss 25, 26 Uniform Civil Procedure Rules 2005 (NSW), rr 14.30, 14.31, 14.33 Cases Cited: Australian Broadcasting Corporation v Hodgkinson [2005] NSWCA 190 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 John Fairfax & Sons Ltd v Foord (1988) 12 NSWLR 706 Nationwide News Pty Ltd v Warton [2002] NSWCA 377 State of New South Wales v Deren [1999] NSWCA 22; Aust Torts Reports ¶81-502 Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6; 134 CLR 1 Waller v Nationwide New Pty Ltd [2011] NSWSC 611 Category: Principal judgment Parties: Fairfax Media Publications Pty Ltd (First Applicant) The Age Company Pty Ltd (Second Applicant) The Federal Capital Press of Australia Pty Ltd (Third Applicant) Wallace Macarthur King (Respondent) Representation: Counsel: Mr A Leopold SC with Ms L Barnett (Applicants) Mr R McHugh SC with Mr M Richardson (Respondent)