Cummings v Fairfax Digital Australia & New Zealand Pty Ltd; Cummings v Fairfax Media Publications Pty Ltd

(2018) 99 NSWLR 173; [2018] NSWCA 325

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defamatory meaning
3. › Court proceedings
4. › Report of allegations in pleadings
5. › Whether articles conveyed guilt imputations
6. › Whether ordinary reasonable reader would understand allegations as untested
7. › Defamation Act 2005 (NSW), s 28
1. Defamation
2. › Defences
3. › Publication of fair summary of public documents
4. › Whether pleadings in ongoing civil proceedings are 'public documents'
5. › Whether pleadings 'open to inspection by the public'
6. › Whether pleadings deployed in court at directions hearing
7. › Defamation Act 2005 (NSW), s 28(1)(b), s 28(4)(e)
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.12(2)
1. Defamation
2. › Defences
3. › Publication of fair summary of public documents
4. › Defeasance
5. › Whether publication honestly for information of the public
6. › Whether pecuniary motive defeats defence
7. › Defamation Act 2005 (NSW), s 28(3)
1. Defamation
2. › Defences
3. › Statutory qualified privilege
4. › Poster advertising newspaper article
5. › Whether poster published in course of giving information on subject of interest
6. › Whether conduct of publisher reasonable
7. › Defamation Act 2005 (NSW), s 30

Quick Take

Pleadings in ongoing civil proceedings become 'public documents' for the purposes of s 28 of the Defamation Act 2005 (NSW) once they have been deployed at a directions hearing, even where only short minutes of order were handed up, because reference to their terms is necessary to understand what is occurring in open court.