Cornwell v Channel Seven Sydney Pty Ltd [2016] NSWCA 255

DEFAMATION – defence – contextual truth – Defamation Act 2005 (NSW) s 26 – appeal from primary judge’s refusal to strike out contextual imputation “the plaintiff is dishonest” – news item broadcast about plaintiff’s links to illegal investment schemes – reference to plaintiff as casualty of ICAC inquiry into Liberal Party finances – whether contextual imputation unarguably bad – whether general contextual imputation carried “in addition to” other specific imputations complained of – whether primary judge misunderstood the effect of Fairfax Media Publications v Zeccola  [2015] NSWCA 329 –whether general imputation of dishonesty at least arguably capable of arising

PROCEDURE – judgments and orders – interlocutory judgment – appeal against primary judge’s ruling on strike-out application relating to contextual imputation – distinction between strike-out application under UCPR 14.28(1)(a) and determination of a separate question under UCPR r 28.1 – whether correct test applied by primary judge

Michelle Rabsch appeared for Channel Seven Sydney