Wilkinson v S Bennett Limited

This case involved an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appellant, Thomas Wilkinson, had brought an action for libel against the respondent, S. Bennett Ltd., alleging that the respondent had published defamatory words concerning him in its newspaper. The respondent demurred to the appellant's declaration, which the Supreme Court upheld, entering judgment for the defendant.

The central legal issue before the High Court was the interpretation and application of section 72 of the Common Law Procedure Act 1899 (N.S.W.). Specifically, the court had to determine whether a declaration in a libel action, which included prefatory averments intended to support an innuendo, could be demurred to on the ground that those averments did not sufficiently support the alleged defamatory meaning. The Supreme Court had ruled that such a demurrer was valid, relying on established practice and prior decisions.

The High Court, in allowing the appeal, found that section 72 of the Act provided that a declaration in libel or slander was sufficient if it set out the words complained of and an innuendo stating the alleged meaning, provided that the words were defamatory either in their natural meaning or as alleged in the innuendo. The Court held that the inclusion of prefatory averments, even if they did not support the innuendo, did not render the declaration demurrable. The Court reasoned that the plain language of section 72 applied to all actions of libel and slander and did not permit the addition of qualifications that would restrict its application. Consequently, the previous decisions of *Thurston v. Hatley* and *Nicholls v. Australian Newspaper Co.*, which had established the contrary practice, were overruled. The Court also indicated that a jury might reasonably find the innuendo proved in this case.