Chel v Fairfax Media Publications (No 6) [2017] NSWSC 230

Supreme Court New South Wales

Medium Neutral Citation: Chel v Fairfax Media Publications (No 6) [2017] NSWSC 230 Hearing dates: 6 February 2017 to 27 February 2017 Decision date: 14 March 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: Jury directed to answer question in the form of Annexure A Catchwords: DEFAMATION – contextual truth – reasons for rulings made during trial – jury asked questions in two phases – rulings concern contextual truth defence – whether contextual imputation must be defamatory – whether imputation pleaded by plaintiff found to be defamatory and substantially true can be deployed by plaintiff, deployed by defendant or disregarded in applying s 26 of the Defamation Act – whether effect of all defamatory imputations on reputation considered along with facts surrounding all contextual imputations – whether jury should consider evidence of plaintiff's reputation in applying s 26(b) Legislation Cited: Defamation Act 1974 Defamation Act 2005, ss 3, 8, 26 Cases Cited: Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; (1993) 177 CLR 485 Besser v Kermode (aka Fairfax Media Publications Pty Ltd v Kermode) [2011] NSWCA 174; 81 NSWLR 157 Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 6) [2013] NSWSC 1651 Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2014] NSWCA 369; (2014) 88 NSWLR 421 James Phillip v Robab Pty Ltd [2014] NSWSC 1520 John Fairfax Publications v Blake [2001] NSWCA 434 Oscar Kazal v Fairfax Media Publications Pty Ltd [2017] NSWSC 44 McMahon v John Fairfax Publications Pty Limited (No 3) [2012] NSWSC 196 McMahon v John Fairfax Publications Pty Limited (No 6) [2012] NSWSC 224 Mizikovsky v Queensland Television Limited (No 3) [2011] QSC 375 Mizikovsky v Queensland Television Limited [2013] QCA 68 O'Brien v Australian Broadcasting Corporation [2016] NSWSC 1289 Plato Films Ltd v Speidel [1961] AC 1090 The Federal Capital Press of Australia Ltd v Balzola [2015] NSWCA 285 Category: Procedural and other rulings Parties: Lili Chel (Plaintiff) Fairfax Media Publications Pty Ltd (First Defendant) Vanda Carson (Second Defendant) Representation: Counsel: C Evatt; R Rasmussen; I Kirgiz; J Hennes (Plaintiff) T Blackburn SC; L Barnett (Defendants)