Advance Magazine Publishers Inc v Margaret Anne Bushby and Simone Yvette Bushby

Advance Magazine Publishers Inc (the applicant) sought to strike out or permanently stay proceedings commenced by Margaret Anne Bushby and Simone Yvette Bushby (the respondents) in the Supreme Court of New South Wales. The respondents, who are the daughters of the late Kerry Packer, alleged that the applicant had defamed them in an article published in *New Idea* magazine in November 2019. The applicant contended that the proceedings should be stayed or struck out on the grounds that they were frivolous and vexatious, an abuse of process, and that there was no reasonable cause of action. The application was heard by Ian Thompson J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the respondents' defamation claim had a real prospect of success. This required the Court to consider whether the article in question was capable of bearing a defamatory meaning concerning the respondents, and if so, whether the applicant could establish a defence, such as truth or honest opinion. The Court also had to determine if the proceedings constituted an abuse of process, particularly in light of the applicant's assertion that the respondents were attempting to litigate issues that had already been determined in prior proceedings.

In reaching its decision, the Court analysed the content of the article and the surrounding circumstances. His Honour considered the ordinary meaning of the words used and whether a reasonable reader would understand them to convey a defamatory imputation about the respondents. The Court also examined the evidence presented by both parties regarding the alleged defamatory meanings and the potential defences. The Court found that the respondents had failed to demonstrate that the article was capable of bearing a defamatory meaning concerning them, and therefore, their claim lacked a reasonable prospect of success.

Consequently, the Court ordered that the proceedings be permanently stayed.