Warwick Raymond Parer v John Fairfax Publications Pty Limited No. Sc 2

[1998] ACTSC 138

Supreme Court of the ACT

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Interrogate

Catchwords

1. Defamation
2. › Imputations
3. › Capacity of matter complained of to convey imputation
4. › Strike-out application at interlocutory stage
5. › Test of ordinary reasonable reader
6. › Whether imputations capable of arising from published article
1. Defamation
2. › Pleading
3. › Precision of imputations
4. › Ambiguity in pleaded imputations
5. › Use of word 'wrongful'
6. › Whether context clarifies level of wrongfulness
1. Defamation
2. › Pleading
3. › Strike out of imputations
4. › Whether imputation of dishonesty capable of arising
5. › Whether article conveyed concealment of conflict of interest
1. Practice and Procedure
2. › Appeal from Master
3. › Appeal by way of rehearing
4. › Weight to be given to Master's reasons

Quick Take

The word 'wrongful' in a pleaded imputation is not inherently ambiguous where the context of the matter complained of makes clear the nature of the wrongfulness alleged (here, a moral or ethical breach arising from a ministerial conflict of interest). An imputation of dishonesty will not be capable of arising where the article does not convey concealment but rather openly reports the conflict of interest.

Case Details

Citation[1998] ACTSC 138

CourtACTSC

JurisdictionAustralian Capital Territory

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Cited by1

2009Theodorelos v Nexus Projects Pty LimitedACTSC 149

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