Whelan v John Fairfax Publications Pty Ltd

The plaintiffs in Whelan v John Fairfax Publications Pty Ltd were two businessmen who brought a defamation action against a media company. The dispute centred on articles published in the Australian Financial Review, which were alleged to have defamed the plaintiffs by suggesting they were part of a corporate raid on a company called Polly Peck. The case was heard in the High Court of Australia, which had appellate jurisdiction over the matter.

The court was tasked with determining whether the articles had defamed the plaintiffs by imputing they were part of a corporate raid, and if so, whether the imputations were substantially true and therefore justified. The plaintiffs argued that the articles had caused them significant harm and that the imputations were not justified. The media company, on the other hand, argued that the articles were substantially true and therefore justified, and that they had not defamed the plaintiffs.

The court held that the articles had indeed defamed the plaintiffs by imputing they were part of a corporate raid on Polly Peck. However, the court also held that the imputations were substantially true and therefore justified. The court found that the plaintiffs had been involved in a scheme to acquire Polly Peck, and that the articles had accurately reported on this fact. The court also found that the articles had not defamed the plaintiffs by suggesting they were part of a "common sting", as this was not an imputation that could be reasonably drawn from the articles.

The court's decision meant that the media company was not liable for defamation. The plaintiffs' appeal was therefore dismissed, and the decision of the lower court was upheld. The media company was awarded costs.