Greenfield v Fairfax Media Publications Pty Ltd ; Greenfield v Australian Broadcasting Corporation (No 3) [2017] NSWSC 125

Supreme Court New South Wales

Medium Neutral Citation: Greenfield v Fairfax Media Publications Pty Ltd ; Greenfield v Australian Broadcasting Corporation (No 3) [2017] NSWSC 125 Hearing dates: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to the defendants to file an amended defence in accordance with these reasons and the matters otherwise agreed between the parties within 14 days. Costs of today's argument be the defendants' costs in the cause Catchwords: DEFAMATION – defences – contextual truth –application to amend defence to include additional contextual imputation – where imputation pleads a general condition from a single act – whether capable of arising – whether capable of arising in addition to plaintiff's imputation Legislation Cited: Defamation Act 2005 (NSW), s 26 Defamation List Practice Note SC CL 4, cl 20 Cases Cited: ABC v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Bookbinder v Tebbit [1989] 1 WLR 640 Cornwell v Channel Seven Sydney Pty Ltd [2016] NSWCA 255 State of New South Wales v Deren [1999] NSWCA 22 Category: Procedural and other rulings Parties: 2014/197994 - Darren Greenfield (Plaintiff) Fairfax Media Publications Pty Ltd (Defendant) 2014/198004 - Darren Greenfield (Plaintiff) Australian Broadcasting Corporation (Defendant) Representation: Counsel: GM McGrath (plaintiff in each proceeding) ATS Dawson SC (defendant in each proceeding)