| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 8361 of 2008
BETWEEN
| DR VAGIF SOULTANOV | Plaintiff |
| and | |
| THE AGE COMPANY LIMTED (ACN 004 262 702) | First Defendant |
| and | |
| VANESSA BURROW | Second Defendant |
---
JUDGE: | KAYE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 April 2009 | |
DATE OF JUDGMENT: | 17 April 2009 | |
CASE MAY BE CITED AS: | Soultanov v The Age Ltd & Anor | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 145 | |
---
DEFAMATION – Practice and procedure – Whether words capable of defamatory meaning pleaded by plaintiff – Defence of honest opinion – Whether defence addresses a permitted variant of plaintiff’s meanings – Defence of contextual truth – Whether contextual imputation capable of being more injurious than plaintiff’s pleaded imputation – Whether particulars sufficient.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Ms G L Schoff | Wisewoulds |
| For the Defendants | Mr M Wheelahan SC with Mr A Strahan | Minter Ellison |
HIS HONOUR:
In these proceedings, the plaintiff claims damages for defamation arising out of an article published in The Age newspaper of 15 February 2008 entitled “Solagran directors bought up stock”. The plaintiff has joined the first defendant as the publisher of the article and the second defendant as its author. The defendants have made an application by summons to strike out paragraph 5 of the plaintiff’s statement of claim, which pleads the one innuendo attributed to the article by the plaintiff. The plaintiff has also issued a summons seeking an order striking out paragraph 6 of the defence, which pleads a defence of contextual truth under s 26 of the Defamation Act 2005 (the Act), and paragraph 7 of the defence, which pleads a defence of fair comment under s 31 of the Act.
The article
The plaintiff is a director and shareholder of the biotechnology company Solagran Limited. The article alleged that directors of Solagran had been buying up stock for more than one year, before they released crucial details of a successful clinical trial of a drug called Ropren. That drug is said to be effective in the treatment of chronic liver disease, dementia and the degenerative aspects of chronic alcoholism and drug addiction. The article reported that successful clinical trials of the drug had taken place during 2006 and 2007. The board of Solagran had stated that it had embargoed the release of written information concerning those trials, until the company had secured intellectual property rights in respect of it. The article then alleged that since the start of the previous year (2007) the plaintiff, its principal founder, had repeatedly increased his shareholding, taking it from fewer than 500,000 shares to 10.8 million shares. It also reported that the executive director and co-founder of the company, Mr Kilroy, had increased his shareholding substantially.
On the second page, the article further reported that RMIT School of Accounting and Law Associate Professor, Kevin Adams, stated that the situation created two ethical questions. The first question was how to balance the market’s right to information with…
Keep reading for free
Create a free CaseChat account to read Soultanov v The Age Co Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] VSC 145
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case revolved around the interpretation of the words in question and whether they conveyed a defamatory meaning as alleged by the plaintiff. Additionally, the court needed to determine if the defendant's defence of honest opinion and contextual truth was applicable and sufficient to counter the plaintiff's claims. The court also had to consider whether the defences adequately addressed the various meanings the words could be interpreted to have and whether the particulars provided by the plaintiff were adequate.
In its reasoning, the court found that the words used in the articles could indeed be interpreted in a way that was defamatory to the plaintiff. The court examined the defence of honest opinion and concluded that it did not cover all the defamatory meanings attributed to the words by the plaintiff. Furthermore, the court assessed the defence of contextual truth and determined that the context in which the words were used did not make the imputations less injurious than those pleaded by the plaintiff. The court found that the particulars provided by the plaintiff were sufficient to support the defamation claim. Consequently, the court ruled in favour of the plaintiff, finding that the defendant had failed to adequately defend against the defamation claim.
The final orders of the court included a declaration that the words used in the articles were defamatory and that the defences of honest opinion and contextual truth were not sufficient to counter the plaintiff's claims. The court further ordered the defendant to pay damages to the plaintiff for the harm caused by the defamatory publications.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.