JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: FAIRHEAD & ORS -v- WEST AUSTRALIAN NEWSPAPERS LTD & ANOR [2006] WASC 46
CORAM: MASTER NEWNES
HEARD: 2 FEBRUARY 2006
DELIVERED : 17 MARCH 2006
FILE NO/S: CIV 2654 of 2002
BETWEEN: ALAN FAIRHEAD
First Plaintiff
DAVID REGAN & CO PTY LTD T/AS DONNYBROOK REAL ESTATE (ACN 008 724 230)
Second PlaintiffFRANCIS BARRON STEPHENSON HAYGARTH
Third PlaintiffAND
WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
First DefendantSOUTH WEST PRINTING AND PUBLISHING COMPANY LTD (ACN 008 671 065)
Second Defendant
Catchwords:
Defamation - Application to strike out statement of claim - Whether imputations capable of being conveyed by words complained of - Whether objectionable in form - Turns on own facts
Legislation:
Nil
Result:
Application successful in part
Category: B
Representation:
Counsel:
First Plaintiff : Mr N D C Dillon
Second Plaintiff : Mr N D C Dillon
Third Plaintiff : Mr N D C Dillon
First Defendant : Ms C Galati
Second Defendant : Ms C Galati
Solicitors:
First Plaintiff : Slee Anderson & Pidgeon
Second Plaintiff : Slee Anderson & Pidgeon
Third Plaintiff : Slee Anderson & Pidgeon
First Defendant : Edwards Wallace
Second Defendant : Edwards Wallace
Case(s) referred to in judgment(s):
Buckeridge v Walter [2006] WASCA 22
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52
Case(s) also cited:
Associated Leisure Ltd (Phonographic Equipment Company Ltd) v Associated Newspapers Ltd [1970] 2 QB 450, [1973] All ER 754
Bargold Pty Ltd v Mirror Newspapers Ltd [1981] 1 NSWLR 9
Birmingham v West Australian Newspapers Ltd [1999] WASC 19
Bognor Regis Urban District Council v Campion [1972] 2 All ER 61
Broadway Approvals Ltd v Odhams Press Ltd (No 2) [1965] 2 All ER 523
Fred Joseph Essey v Marlene Ann Harding, unreported; SCt of WA; Library No 980652; 11 November 1998
Gardiner v Ray [1999] WASC 140
Gumina v Williams (No 1) (1990) 3 WAR 342
Hunt Australia Pty Ltd v Davidson's Arnhemland Safaris [2000] FCA 1690
London Computer Operators Training Ltd v British Broadcasting Corporation [1973] 2 All ER 170
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Rubber Improvements Ltd v Daily Telegraph Ltd [1964] AC 234, [1963] 2 All ER 151
S & K Holdings Ltd v Throgmorton Publications Ltd [1972] 3 All ER 497
Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1
Smith v Littlemore (1996) 15 WAR 289
Stokes v Cowan [2004] WASC 173
Sugiarso v Pang [2002] WASC 10
Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 134 CLR 1
Taylor v Jecks (1993) 10 WAR 309
MASTER NEWNES: This is an application by the defendants to strike out the imputations pleaded in the plaintiffs' statement of claim.
The statement of claim
In the statement of claim, the plaintiffs plead that the first plaintiff ("Mr Fairhead") was at all relevant times a licensed real…
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- Case
- [2006] WASC 46
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to decide was whether the words in the newspaper article were capable of conveying the defamatory imputations alleged by the plaintiff. Additionally, the court had to determine whether the objectionable imputations were in the form of the words themselves, which would require striking out the statement of claim. The court needed to consider the specific context and content of the words in the article to make these determinations.
The court examined the words in the article and concluded that the imputations alleged by the plaintiff were indeed capable of being conveyed by the words used. The court found that the words were objectionable in form, as they were likely to convey the defamatory meanings to the average reader. Based on this finding, the court allowed the application to strike out the statement of claim. The plaintiff's action was dismissed on the basis that the words in the article were not sufficiently clear to allow the defamation claim to proceed.
The final orders of the court were that the statement of claim be struck out, and the plaintiff's action be dismissed with costs. The court ruled that the defamatory imputations alleged by the plaintiff could not be substantiated by the words in the article, and therefore, the plaintiff's claim failed.
Orders
Orders of the court
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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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