Favell v Queensland Newspapers Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, AND HEYDON JJPAUL JOSEPH FAVELL & ANOR   APPELLANTSANDQUEENSLAND NEWSPAPERS PTY LTD & ANOR      RESPONDENTSFavell v Queensland Newspapers Pty Ltd[2005] HCA 5227 September 2005B19/2005ORDER1.        Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 30 April 2004 and, in their place, order that the appeal to that Court be allowed with costs, the orders of Helman J made on 31 October 2003 be set aside, and that the application of the respondents be remitted to a judge of the Supreme Court of Queensland for further consideration in accordance with the reasons of this Court.3.The costs of the proceedings before Helman J be left for the decision of the judge dealing with the amended application.On appeal from the Supreme Court of QueenslandRepresentation:G O'L Reynolds SC with R J Anderson and J C Hewitt for the appellants (instructed by Gail Malone & Associates)R A Mulholland QC with D C Spence for the respondents (instructed by Thynne & Macartney)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFavell v Queensland Newspapers Pty LtdDefamation – Pleading and practice – Application for summary judgment or alternatively to strike out part of a pleading – Test to be applied – Whether matter published capable of conveying defamatory imputations.Words and phrases – "defamatory meaning".GLEESON CJ, McHUGH, GUMMOW AND HEYDON JJ.   The issue in this appeal is whether a newspaper...