MAHER -v- NATIONWIDE NEWS PTY LTD [2013] WASC 254
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 254 | |
| Case No: | CIV:2918/2012 | 24 APRIL 2013 | |
| Coram: | KENNETH MARTIN J | 5/07/13 | |
| 19 | Judgment Part: | 1 of 1 | |
| Result: | Five imputations struck out Leave to replead | ||
| B | |||
| PDF Version |
| Parties: | LILLIAN MAHER MICHAEL GALLAGHER NATIONWIDE NEWS PTY LTD PAUL CLEARY |
Catchwords: | Defamation Pleadings Strike out application False innuendos Interlocutory threshold Natural and ordinary meanings |
Legislation: | Aboriginal Heritage Act 1972 (WA), s 5 Rules of the Supreme Court 1971(WA), O 20 r 19(1)(a), (c) |
Case References: | Barnes v Addy (1874) LR 9 Ch App 244 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 221 ALR 186 Gascoine v McGinty (1995) 14 WAR 542 Gillick v Brook Advisory Centres [2001] EWCA Civ 1263 Gumina v Williams (No 1) (1990) 3 WAR 342 Lewis v Daily Telegraph Ltd [1964] AC 235 Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 Morris v Newcastle Newspapers Pty Ltd (1985) 1 NSWLR 260 Rambal v Cahill [2012] WASC 353 Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6; (1975) 134 CLR 1 Taylor v Jecks (1993) 10 WAR 309 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiff
MICHAEL GALLAGHER
Second Plaintiff
AND
NATIONWIDE NEWS PTY LTD
First Defendant
PAUL CLEARY
Second Defendant
Catchwords:
Defamation - Pleadings - Strike out application - False innuendos - Interlocutory threshold - Natural and ordinary meanings
Legislation:
Aboriginal Heritage Act 1972 (WA), s 5
Rules of the Supreme Court 1971(WA), O 20 r 19(1)(a), (c)
(Page 2)
Result:
Five imputations struck out
Leave to replead
Category: B
Representation:
Counsel:
First Plaintiff : Mr M L Bennett
Second Plaintiff : Mr M L Bennett
First Defendant : Mr T K Tobin QC & Ms C Galati
Second Defendant : Mr T K Tobin QC & Ms C Galati
Solicitors:
First Plaintiff : Bennett & Co
Second Plaintiff : Bennett & Co
First Defendant : Carmel Galati
Second Defendant : Carmel Galati
Case(s) referred to in judgment(s):
Barnes v Addy (1874) LR 9 Ch App 244
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 221 ALR 186
Gascoine v McGinty (1995) 14 WAR 542
Gillick v Brook Advisory Centres [2001] EWCA Civ 1263
Gumina v Williams (No 1) (1990) 3 WAR 342
Lewis v Daily Telegraph Ltd [1964] AC 235
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Morris v Newcastle Newspapers Pty Ltd (1985) 1 NSWLR 260
Rambal v Cahill [2012] WASC 353
Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975]…
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- Case
- [2013] WASC 254
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the five impugned imputations were capable of bearing defamatory meanings as a matter of law, thereby justifying a strike-out application. This required the Court to consider the natural and ordinary meanings of the words used and whether they conveyed defamatory meanings to an ordinary person. The Court needed to balance the principles of pleadings and the interlocutory threshold in defamation cases to decide whether these imputations were so lacking in substance that they did not warrant further consideration.
The Court determined that four of the five impugned imputations were incapable of bearing a defamatory meaning when considered in their natural and ordinary sense. These imputations were therefore struck out. However, the Court found that the remaining imputation, concerning the plaintiff's alleged involvement in a corrupt and dishonourable act, was capable of bearing a defamatory meaning. As a result, the Court refused to strike out this imputation and granted leave for the plaintiff to replead. The decision underscored the importance of interpreting words in their natural and ordinary meanings and highlighted the delicate balance between the freedom of expression and the protection of an individual's reputation.
Orders
Orders of the court
Five imputations struck out
Leave to replead
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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