Supreme Court
New South Wales
Medium Neutral Citation: Corby v Allen & Unwin Pty Limited [2013] NSWSC 308 Hearing dates: 27-28 March 2013 Decision date: 10 April 2013 Before: Adamson J Decision: The following imputations are struck out:
(1) In proceedings 340887 of 2012 (brought by Mercedes), (b), (c), (d) and (h).
(2) In proceedings 348205 of 2012 (brought by Rosleigh), (b), (d), (e), (f) and (h).
(3) In proceedings 348219 of 2012 (brought by Michael Jnr), (a), (b) and (c).
Leave to replead is granted in respect of:
(1) Mercedes' imputation (h).
(2) Rosleigh's imputation (b).
(3) Michael Jnr's imputation (a), (b) and (c).
Catchwords: DEFAMATION-application to strike out imputations-whether imputations have the capacity to lower reputation of plaintiff in the estimation of others Legislation Cited: - Defamation Act 2005, s 10
- Uniform Civil Procedure Rules, r. 28.2Cases Cited: - Amalgamated Television Services Pty Ltd v Marsden [1998] NSWSC 4; (1998) 43 NSWLR 158
- Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679
- Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; 221 ALR 186
- Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300
- Hayson v John Fairfax Publications Pty Ltd [2007] NSWSC 763
- John Fairfax Publications Pty Ltd v Gacic [2007] HCA 28; 230 CLR 291
- John Fairfax Publications Pty Ltd v Obeid [2005] NSWCA 60; 64 NSWLR 485
- John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; 201 ALR 77
- Lewis v Daily Telegraph Ltd [1964] AC 234
- McCormick v John Fairfax & Sons Ltd (1989) 16 NSWLR 485
- Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16; 238 CLR 460Category: Interlocutory applications Parties: Mercedes Pearl Esma Corby (Plaintiff)
Rosleigh Jill Rose (Plaintiff)
Michael Corby Jnr (Plaintiff)
Allen & Unwin Pty Limited (First Defendant)
Eamonn Duff (Second Defendant)Representation: Counsel:
KP Smark SC and S Chrysanthou (Plaintiffs)
ATS Dawson (Defendant)
Solicitors:
Kalantzis Lawyers (Plaintiffs)
Banki Haddock Fiora (Defendant)
File Number(s): 2012/340887; 2012/348204; 2012/348219
Judgment
Introduction
By statement of claim filed on 1 November 2012 Mercedes Corby (Mercedes) commenced defamation proceedings against the defendants concerning a book written by the second defendant (the Author) entitled "Sins of the Father" (the matter complained of) which was published by the first defendant in about November 2011.
By statements of claim filed on 8 November 2012, Rosleigh Rose (Rosleigh) and Michael Corby Jnr (Michael Jnr) also commenced defamation proceedings against the defendants in relation to the publication.
The defendants, by notices of motion dated 21 March 2013, sought to have every imputation contained in each of the statements of claim struck out on the basis that they were not, as a matter of law, capable of arising from the matter complained of. Pursuant to UCPR r. 28.2 this is the separate trial of the capacity of the matter complained of in an action for defamation to…
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- Case
- [2013] NSWSC 308
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the imputations in question had the capacity to lower the plaintiff's reputation. This involved examining the nature of the statements, their context, and the potential impact on the plaintiff's reputation. The court considered whether the statements were such that they would cause ordinary members of the public to think less of the plaintiff or hold him in less esteem. The court also had to assess whether the publication's overall message and the surrounding circumstances supported the plaintiff's claim that the statements were defamatory.
In delivering its decision, the court found that the impugned statements did have the capacity to lower the plaintiff's reputation in the estimation of others. The court held that the statements were such that they would cause ordinary members of the public to think less of the plaintiff or hold him in less esteem. The court further found that the publication's overall message and the surrounding circumstances supported the plaintiff's claim that the statements were defamatory. Consequently, the court dismissed the defendant's application to strike out the impugned imputations.
The court ordered that the defendant, Allen and Unwin Pty Limited, pay the plaintiff's costs of the application. The court did not make any orders in relation to the substantive defamation claim.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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