Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125 (02 August 2019) (Besanko, Bromwich and Wheelahan JJ)


Catchwords:


DEFAMATION – pleadings – common law justification – primary judge struck out variant meanings – David Syme & Co Ltd v Hore-Lacy – respondents’ imputations that there were reasonable grounds to believe not permissible variants of the applicant’s imputations – untenable pleading of justification for the purposes of adducing evidence in mitigation of damage disallowed – leave to appeal given – appeal dismissed.

PRACTICE AND PROCEDURE – application for leave to appeal primary judge’s decision to strike out common law justification and statutory truth defences – application for leave to appeal dismissal of application for leave to file amended defence – adequacy of particulars of defences – primary judge held particulars imprecise, embarrassing, conclusory, hearsay, could not support defence of truth – whether the meaning of an applicant’s pleaded imputation is a question of fact for trial – meaning of a pleaded imputation not a triable issue – leave to appeal given – appeal dismissed.