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New South Wales |
Case Name: | Fairfax Media Publications Pty Ltd v King |
Medium Neutral Citation: | [2015] NSWCA 172 |
Hearing Date(s): | 21 May 2015 |
Date of Orders: | 24 June 2015 |
Decision Date: | 24 June 2015 |
Before: | McColl JA at [1]; |
Decision: | 1 Application for leave to appeal be dismissed. |
Catchwords: | DEFAMATION – defences – contextual imputations – whether primary judge erred in holding that certain contextual imputations were impermissibly imprecise – whether primary judge misapplied principles stated in Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 at 137 |
Legislation Cited: | Defamation Act 2005 (NSW), ss 25, 26 |
Cases Cited: | Australian Broadcasting Corporation v Hodgkinson [2005] NSWCA 190 |
Category: | Principal judgment |
Parties: | Fairfax Media Publications Pty Ltd (First Applicant) |
Representation: | Counsel: |
File Number(s): | 2014/287857 |
Publication Restriction: | Nil |
Decision under appeal: | |
Court or Tribunal: | Supreme Court of New South Wales |
Jurisdiction: | Common Law Division |
Citation: | King v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 1244 |
Date of Decision: | 8 September 2014 |
Before: | McCallum J |
File Number(s): | 2013/348650 |
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the…
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- Case
- [2015] NSWCA 172
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether the primary judge erred in holding that certain contextual imputations were impermissibly imprecise. This involved considering the application of the principles established in *Drummoyne Municipal Council v Australian Broadcasting Corporation* (1990) 21 NSWLR 135, specifically at page 137, concerning the identification and assessment of contextual imputations in defamation proceedings.
The Court of Appeal found that the primary judge had not erred in their assessment of the contextual imputations. The reasoning applied was that the primary judge had correctly applied the principles from *Drummoyne*, which require that contextual imputations be sufficiently precise to be capable of being understood by ordinary reasonable readers. The court concluded that the primary judge's findings on this point were sound.
The application for leave to appeal was dismissed. The parties were ordered to file and serve submissions concerning the costs of a draft notice of contention filed by the respondent, with subsequent orders for costs to be made subject to those submissions. Generally, the applicants were ordered to pay the respondent's costs of the application for leave to appeal, excluding the costs of the draft notice of contention, for which the respondent was ordered to pay the applicants' costs.
Orders
Orders of the court
1 Application for leave to appeal be dismissed.
2 The Applicants file and serve, within 7 days, any submissions, of no more than 3 pages, that they may wish to make concerning the costs of the draft notice of contention filed by the Respondent on 16 February 2015.
3 The Respondent file and serve any response, of no more than 3 pages, within 14 days.
4 The Applicants file and serve any reply, of no more than 1 page, within 21 days.
5 Subject to any subsequent order in consequence of any submissions so made:
(a) The Applicants pay the Respondent’s costs of the application for leave to appeal, excluding the costs of the draft notice of contention filed by the Respondent on 16 February 2015.
(b) The Respondent pay the Applicants’ costs of that notice of contention.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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