John Fairfax Publications Pty. Limited & Anor. v Jones

[2004] NSWCA 205

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defences
3. › Contextual imputation
4. › Whether contextual imputation capable of being conveyed by matter complained of
5. › Whether 'another imputation' within s 16(1)
6. › Whether imputation at higher level of generality is 'another imputation'
7. › Whether contextual imputation capable of 'swamping' plaintiff's imputation
8. › Defamation Act 1974 (NSW), s 16
1. Defamation
2. › Defences
3. › Justification
4. › Maisel defence
5. › Polly Peck defence
6. › Whether plaintiff's imputation severable into charge of particular act and charge of general character
7. › Whether defendant may justify general character charge by reference to other conduct
1. Defamation
2. › Damages
3. › Aggravated damages
4. › Particulars required
5. › Whether plaintiff required to specify imputations carried by additional publications relied upon in aggravation
6. › Whether reliance on 27 additional publications amounts to abuse of process

Quick Take

A contextual imputation under s 16(1) of the Defamation Act 1974 (NSW) that is merely a reformulation of the plaintiff's imputation at a higher level of generality, based on the same words applied in the same way, is not 'another imputation' and cannot found a s 16 defence. The section requires a difference in kind, not merely degree. The Maisel defence may still be available in interstate publications where the plaintiff's imputation can be characterised as containing both a charge of particular misconduct and a severable charge of general character. A plaintiff relying on additional publications in support of aggravated damages is not required to specify the imputations carried by those publications.