BOND -v- JOHN FAIRFAX PUBLICATIONS PTY LTD & ANOR [2001] WASC 336

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 336
Case No:	CIV:1650/2000	Heard:	22 NOVEMBER 2001
Coram:	McLURE J	Delivered:	14/12/01
No of pages:	8	Judgment Part:	1 of 1
Result:	Application successful in part
Category:	B
PDF Version

Parties:	ALAN BOND JOHN FAIRFAX PUBLICATIONS PTY LTD (ACN 003 357 720) MARK DRUMMOND
Catchwords:	Defamation Application to strike out defence Extension of time to make application True innuendo Particulars of justification Turns on own facts
Legislation:	Supreme Court Rules, O 20 r 19(3), O 59 r 9 Criminal Code, s 371
Case References:	R v Boyce (1956) 40 Cr App R 62 Birmingham v West Australian Newspapers Ltd [1999] WASC 19 Bristile Ltd v The Buddhist Society and Western Australia Inc and Anor [1999] WASC 259 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Foreman v Federal Commissioner of Taxation (1983) 69 FLR 386 Gardiner v Ray [1999] WASC 140 General Steel Industries v Commissioner for Railways (1964) 112 CLR 125 Girando v Girando (1997) 18 WAR 450 Goody v Odhams Press Ltd [1967] 1 QB 333 Gumina v Williams (No 1) (1990) 3 WAR 342 Gumina v Williams (No 2) (1990) 3 WAR 351 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Jackamarra v Krakouer (1998) 195 CLR 516 Jones v Skelton [1963] 1 WLR 1362 Leslie v Mirror Newspapers Ltd (1971) 125 CLR 332 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632 Moir v Flint & Anor [2001] WASC 183 Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 Plato Films Ltd v Speidel [1961] AC 1090 Polly Peck (Holdings) Plc v Trelford [1986] 2 WLR 845 Premier Gold & Ors v Ocean Resources NL & Ors, unreported; SCt of WA (Master Adams); Library No 940738; 14 December 1994 Ratnam v Cumarasamy [1964] 3 All ER 933 Reynolds v Nationwide News Pty Ltd & Ors [2001] WASC 90 Robinson v Adshead (No 2) (1995) 12 WAR 577 Slayter v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 Smith & Anor v Littlemore & Ors (1996) 15 WAR 289 Sutherland v Stopes [1925] AC 47 Taylor v Jecks (1993) 10 WAR 309 Turner v Bulletin Newspaper Co (1973) 131 CLR 69 Vitale & Ors v Bednall & Anor [2000] WASC 207

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : BOND -v- JOHN FAIRFAX PUBLICATIONS PTY LTD & ANOR [2001] WASC 336 CORAM : McLURE J HEARD : 22 NOVEMBER 2001 DELIVERED : 14 DECEMBER 2001 FILE NO/S : CIV 1650 of 2000 BETWEEN : ALAN BOND

Plaintiff

AND

JOHN FAIRFAX PUBLICATIONS PTY LTD (ACN 003 357 720)

First Defendant

MARK DRUMMOND

Second Defendant

Catchwords:

Defamation - Application to strike out defence - Extension of time to make application - True innuendo - Particulars of justification - Turns on own facts

Legislation:

Supreme Court Rules

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] WASC 336
Decision Date

CaseChat Overview and Summary

This case involves Alan Bond, who sued John Fairfax Publications Pty Ltd and Mark Drummond for defamation. Bond sought an extension of time to apply and to strike out certain paragraphs of the defendants' defence. The Supreme Court of Western Australia heard the application on 22 November 2001 and delivered the judgment on 14 December 2001. The court granted the application in part.

The main legal issues were whether the plaintiff was entitled to an extension of time to make the application, and if certain paragraphs of the defence were to be struck out. The court considered whether the plaintiff's delay in making the application could be justified and whether the defence contained any untenable or manifestly groundless imputations.

The court found that the plaintiff's delay in making the application could be partially justified, as the merits of the strike-out application were a material consideration. The court also found that paragraph 4 of the defence was arguable and should not be struck out, but paragraph 5 was unclear and potentially prejudicial to the plaintiff. The court granted the plaintiff an extension of time to bring the application and ordered that paragraph 5 of the defence be struck out with the defendant being given leave to replead.

Orders