Cummings v Fairfax Digital Australia & New Zealand Pty Ltd; Cummings v Fairfax Media Publications Pty Ltd [2018] NSWCA 325

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cummings v Fairfax Digital Australia & New Zealand Pty Ltd; Cummings v Fairfax Media Publications Pty Ltd [2018] NSWCA 325 Hearing dates: 15 May, 16 May 2018 Date of orders: 17 December 2018 Decision date: 17 December 2018 Before: Beazley P at [1]; McColl JA at [3]; Simpson AJA at [263] Decision: With respect to appeal 2017/84756 (the Digital proceedings): 1. Appeal dismissed with costs.

With respect to Mr Cummings' application seeking leave to appeal 2017/184762 (the Print proceedings): 2. Grant leave to appeal. 3. Direct the applicant to file a notice of appeal in the form of the draft in the Red Book within 7 days. 4. Dismiss the appeal with costs. 5. Order the appellant to pay the respondents' costs of the appeal and of the proceedings below. 6. Grant leave to the respondents (cross-applicants) to cross-appeal. 7. Direct the cross-appellants to file a notice of cross-appeal in the form of the draft in the Red Book within 7 days. 8. Allow the cross-appeal. 9. Set aside orders 3, 5 and 6 of the court below. 10. Order the cross-respondent to pay the Cross-appellants' costs of the cross-appeal. Catchwords: DEFAMATION – defamatory meaning – court proceedings – where journalist obtained access to pleadings in civil proceedings pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 36.12(2) – where pleadings alleged breach of duties and cruelty by horse trainers – where newspaper published articles based on both parties' pleadings — where truth of allegations in pleadings yet to be curially determined — capacity of articles to convey guilt imputations