Gair v Greenwood [2017] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Gair v Greenwood [2017] NSWSC 1652 Hearing dates: 20 October 2017 Decision date: 30 November 2017 Jurisdiction: Common Law Before: McCallum J Decision: Defence of truth in respect of imputations 7(a), 7(b) and 9(b) struck out; contextual imputations (ii) and (iv) struck out Catchwords: DEFAMATION – defences – justification – capacity of particulars to prove substantial truth of specific imputations

DEFAMATION – defences – contextual truth – whether contextual imputations capable of being conveyed in addition to plaintiff's imputations – whether matter complained of capable of conveying contextual imputations – undesirability of determining question of capacity to convey in respect of an audio-visual publication where the matter complained of was not tendered at the hearing Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Defamation Act 2005 (NSW), ss 25, 26, 31, 33 Local Government Act 1993 (NSW), ss 449 and 451 Cases Cited: Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Fairfax Media Publications Pty Ltd v Zeccola (2015) 91 NSWLR 341; [2015] NSWCA 329 Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 Category: Procedural and other rulings Parties: Thomas Duncan Gair (first plaintiff) Garry Maurice Turland (second plaintiff) Adam Haig Greenwood (defendant) Representation: Counsel: D Woods (plaintiffs) S Chrysanthou (defendant)