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Rich lister launches defamation action against Fairfax

Fairfax had apologised for the article published in March, pushes for settlement.

Victoria Young
Thu, 07 May 2015

A defamation action taken by NBR Rich Lister Stephen Jennings against publisher Fairfax began in the High Court at Auckland today. 

The case involves articles published by a former senior Fairfax journalist over Mr Jennings' business affairs. Last year's NBR Rich List said Mr Jennings was worth an estimated $950 million.

The journalist is listed separately as a defendant but both are represented by lawyer Robert Stewart. 

Fairfax had published a retraction and apology for the article in March.

Today, before Justice Graham Lang, Mr Stewart asked for a section 35 conference, which is a process designed to expediate proceedings, supervised by a judge. 

The lawyer said he thought his defendant's position was ''abundantly clear'' due to the substantive retraction and apology. 

Mr Jennings' lawyer Julian Miles QC told the court he was not interested in a judicial settlement conference until he had received documents that showed what triggered the story. 

He told Justice Lang that there was no defence to what the journalist and Fairfax had done.

Mr Miles wanted more information under the rules of discovery. 

''We need to have a look at the documents which sit behind the decision to publish the story, the failure of the reporter to contact our client and the decision to run it in nine newspapers up and down the country,'' he told the court. 

Justice Lang said that he would grant a conference and a date of August 25 has been set. The judge directed Fairfax and the journalist to give Mr Miles the information he wanted. 

The judge noted that parties should be encouraged to attend the meeting to resolve any underlying issues between them. 

Mr Jennings is a Taranaki-born businessman and was at one time the richest New Zealander in the world. 

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Victoria Young
Thu, 07 May 2015
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Rich lister launches defamation action against Fairfax
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