Shave v West Australian Newspapers Ltd

The case of Shave v West Australian Newspapers Ltd was heard in the Supreme Court of Western Australia. The plaintiff, Shave, sought to sue the defendant, West Australian Newspapers Ltd, for defamation. The newspaper had published an article containing imputations that Shave had committed a serious criminal offence. Shave argued that the imputations were defamatory, false, and had caused damage to his reputation. The defendant sought to have the pleadings struck out, arguing that the imputations were clearly untenable or manifestly groundless.

The legal issues before the court were whether the imputations were clearly untenable or manifestly groundless and whether an ordinary reasonable reader would understand the imputations in the context of the article. The court had to consider the standard of proof required for such an application and the relevant tests for determining whether imputations are clearly untenable or manifestly groundless.

The court dismissed the application to strike out. It held that the standard of proof for an application to strike out was high and that the imputations were not clearly untenable or manifestly groundless. The court found that an ordinary reasonable reader would understand the imputations in the context of the article and that the imputations were not so outrageous that no sensible person could have held them. The court held that the plaintiff had made out a prima facie case for defamation and that the matter should proceed to trial.

The court did not make any final orders in this case, as it was an application to strike out the pleadings. The case will proceed to trial to determine whether the defendant is liable for defamation and, if so, the amount of damages the plaintiff is entitled to receive.