CITATION: Saint v John Fairfax Publications P/L [2002] NSWSC 312 CURRENT JURISDICTION: Common Law Division
Defamation ListFILE NUMBER(S): SC 21010/01 HEARING DATE(S): 15/04/02 JUDGMENT DATE: 22 April 2002 PARTIES :
Jillian Saint (Pl)
John Fairfax Publications Pty Limited (Def)JUDGMENT OF: Kirby J
COUNSEL : P W Gray (Pl)
T Blackburn (Def)SOLICITORS: Agostini Jarrett Pty Ltd (Pl)
Richard Coleman (Def)CATCHWORDS: Defamation - Imputations - Whether different in substance - Test LEGISLATION CITED: Defamation Act 1974 CASES CITED: Marsden v Amalgamated Television Services P/L (1998) 43 NSWLR 158
Singleton v John Fairfax & Sons Ltd (unreported, 20.2.80)
Parker v Laws [2002] NSWSC 311
Hepburn v TCN Channel 9 P/L (1984) 1 NSWLR 386DECISION: Ref para 15
KIRBY JIN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
defamation list
Monday 22 April 2002
JUDGMENT21010/01 - JILLIAN SAINT v JOHN FAIRFAX PUBLICATIONS PTY LIMITED
1 KIRBY J: This is an application by John Fairfax Publications Pty Limited (the defendant) to strike out imputations in a Statement of Claim issued on behalf of Ms Jillian Saint (the plaintiff). The defendant asserts that the imputations are either incapable of arising or do not differ in substance.
The Publication
2 The action arises out of the publication by the defendant in the Sun Herald of 5 August 2001 of the following newspaper article:
- "TAX OFFICIALS REDUCED TO TEARS
By Mathew Benns
- Almost the entire staff of an elite Australian Tax Office department has quit or gone on stress leave in the past two years.
- Conditions in the International Division on the Ninth floor of Centrepoint in the Sydney CBD are so bad that an independent investigator has been appointed.
- Senior tax officials have been reduced to tears at their desks and claim the department is 'a very unhappy ship indeed'.
- The department's health and safety representative has issued three improvement notices.
- In the latest notice he wrote: 'Over the last two years I have been requested to assist five distraught people from the Ninth floor of Centrepoint and in particular from the International Tax Division.
- 'Since first contacting the Deputy Commissioner another member of the ITD staff has gone on what I believe to be four weeks' stress-related leave.'
- The department is run by Assistant Commissioner Jillian Saint, who took sick leave last week as independent consultant Peter Grills conducted his inquiry.
- Ms Saint's executive assistant is on stress leave and was joined last week by her personal assistant.
- One member of staff said: 'I have seen senior tax officers with years of experience, men in their 50's, weeping at their desk after being publicly humiliated.'
- The staff member estimated that in two years 20 staff from the department had taken stress leave, extended leave, resigned or requested transfers. Not one of the 15 staff who were in the department two years ago is there today.
- 'Productivity has gone through the floor because of all the upset' the officer said. 'The International Tax Division is supposed to…
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- Case
- [2002] NSWSC 312
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the imputations in the article were substantially different from those previously considered in defamation cases. The court was required to apply the test for determining whether imputations are substantially the same, which involves considering whether the imputations have the same sting or whether they are substantially the same in substance. The court had to determine whether the article's imputations had the same sting as those previously considered by the courts or whether they were different in substance.
The court found that the imputations in the article were substantially the same as those previously considered by the courts. The court held that the test for determining whether imputations are substantially the same involves considering whether the imputations have the same sting or whether they are substantially the same in substance. The court found that the article's imputations had the same sting as those previously considered by the courts, and therefore, the imputations were not substantially different. The court dismissed the plaintiff's claim for defamation. The court found that the article's imputations were not substantially different from those previously considered by the courts and that the plaintiff's claim for defamation was dismissed. The court did not make any orders for costs.
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