CITATION: COLEMAN & ANOR V JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 564 HEARING DATE(S): 19 March 2003 JUDGMENT DATE:
25 June 2003JUDGMENT OF: Levine J DECISION: 1. I find the matter complained of incapable as a matter of law of defaming the plaintiffs in terms of the imputations pleaded in the statement of claim. ; 2. There will be a verdict for the defendant in respect of each of the imputations pleaded in the statement of claim.; 3. The plaintiffs are to pay the defendant's costs. CATCHWORDS: Imputations - capacity - matter complained of incapable of being understood otherwise than as humerous - no libel CASES CITED: Anderson v Mirror Newspapers Ltd (1986) 6 NSWLR 99
Darbyshir v Daily Examiner Pty Ltd (Levine J, unreported, 29 August 1997)
Donoghue v Hayes (1831) Hayes (Ir Ex) R 265
Falkenberg v John Fairfax & Sons Ltd (NSWSC, unreported, 16 December 1994)
Galea v Amalgamated Television Services Pty Ltd (Levine J, unreported, 20 February 1998)
Gordon v Amalgamated Television Services Pty Ltd [1980] 2 NSWLR 410
Graham Charles Evans v John Fairfax Group Pty Ltd [1993] ACTSC 7
Greek Herald Pty Ltd v Nikolopoulos & Ors (2002) 54 NSWLR 165
Hepburn v TCN Channel Nine Pty Ltd (1983) 2 NSWLR 664
Livingstone-Thomas v Associated Newspapers (1969) 90 WN (NSW) Pt 1,223
in May Wan Khor v Nationwide News Pty Ltd [1999] VSC 38
McGuinness v J T Publishing Australia (Levine J, unreported, 21 May 1999)
Ron Hodgson (Trading Pty Ltd) v Belvedere Motors (Hurstville) Pty Ltd [1971] 1 NSWLR 472
Waterhouse v Perkins & Ors (SCNSW, unreported, 10 October 1996)
Wild v John Fairfax & Sons Ltd (Levine J, unreported 8 August 1997)
Youssupoff v Metro Goldwyn Meyer Pictures Ltd (1934) 50 TLR 5A1PARTIES :
CRAIG COLEMAN
(First plaintiff)CAROL COLEMAN
(Second plaintiff)v
JOHN FAIRFAX PUBLICATIONS PTY LTD
(ACN 003 357 720)
(Defendant)
FILE NUMBER(S): SC 20456 OF 2002 COUNSEL: M Richardson
T Blackburn
(Plaintiffs)
(Defendants)SOLICITORS: Gilbert & Tobin
Freehills
(Plaintiffs)
(Defendant)
[2003] NSWSC 564
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LISTJUSTICE DAVID LEVINE
WEDNESDAY 25 JUNE 2003
20456 OF 2002
JUDGMENT (Imputations – capacity – matter complained of incapable of being understood otherwise than as humerous – no libel)CRAIG COLEMAN
(First plaintiff)CAROL COLEMAN
(Second plaintiff)John Fairfax Publications Pty Ltdv
(ACN 003 357 720)
(Defendant)
1 The plaintiffs sue the defendant in relation to an article published in “The Sun Herald” on 29 September 2002. The text of the matter complained of as pleaded is Appendix A to these reasons.
2 It is contended that the matter complained of carries the following imputations of the respective plaintiffs:
- 5(a) that the First Plaintiff suffers ongoing psychological harm and mental problems;
- (b) that the First Plaintiff was an incompetent professional football coach in that he lacked communication skills;
- (c) that the First Plaintiff was incompetent as a professional football coach because of his inadequate upbringing;
- (d) that the First…
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- Case
- [2003] NSWSC 564
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the article contained defamatory imputations against the plaintiffs. The court had to consider whether the matter complained of was capable of being understood otherwise than as humorous. If the court found that the matter was inherently humorous and not defamatory, the plaintiffs' claim would fail. The court also had to consider the context in which the article was published, including the relationship between the plaintiffs and the subjects of the article, and the general tone of the publication.
The court held that the matter complained of in the article was inherently humorous and could not be understood otherwise. The court found that the article was a satirical piece, and any reasonable reader would have understood it as a humorous commentary rather than a serious allegation. The court noted that the plaintiffs were public figures and that the article was published in a newspaper known for its satirical content. The court also considered the relationship between the plaintiffs and the subjects of the article, and found that the article was not an attack on the plaintiffs' character or reputation. The court concluded that the article did not contain any defamatory imputations against the plaintiffs.
The court dismissed the plaintiffs' claims and ordered the plaintiffs to pay the defendant's costs of the action. The court found that the plaintiffs' claims were frivolous and vexatious, and that the defendant was entitled to protection from such claims. The court emphasised the importance of protecting freedom of speech and the media from unjustified litigation.
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