On 6 March 2026, the NSW Supreme Court published reasons in Advantage Group Australasia Pty Ltd v Fairfax Media Publications Pty Ltd. The dispute concerns a Sydney Morning Herald article published in April 2025. This decision dealt with the form of Advantage Group Australasia’s claim, not the truth of the article’s allegations.
What the Court ordered
Justice Campbell struck out the whole pleading in the statement of claim, refused leave to rely on a proposed further amended pleading, and gave AGA leave to replead by 26 March 2026. The Court directed that any new pleading be served on Fairfax and not filed without leave. AGA was ordered to pay Fairfax’s costs of the application.
The judgment describes AGA’s case as an injurious falsehood claim. The Court noted that AGA, as a corporation, had no cause of action in defamation, so its case was pleaded as injurious falsehood. It examined whether the proposed pleading adequately identified the alleged false statements, malice and loss.
What the order does not decide
A pleading being struck out at this stage is not a final finding that the underlying reporting was true. Nor is leave to seek a revised pleading a finding that AGA has proved injurious falsehood. The published order records the procedural outcome and costs of this application. Any later orders or final judgment must be considered separately.