Dow Jones & Company, Inc. v. Gutnick

[2002] HCA 56 (Austl.) (2002)

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Dow Jones & Company, Inc. v. Gutnick

Australia High Court
[2002] HCA 56 (Austl.) (2002)

Facts

Dow Jones and Company, Inc. (Dow Jones) (defendant) published the Wall Street Journal, Barron’s magazine, and WSJ.com. WSJ.com included Barron’s Online, which reproduced the current edition of Barron’s magazine. Dow Jones’s editorial offices were in New York but material for publication was uploaded onto servers at offices in New Jersey. An edition of Barron’s Online included an article referring to Joseph Gutnick (plaintiff). Gutnick lived in Victoria, Australia, and his business headquarters were there as well, although he also conducted business in other countries. Gutnick sued Dow Jones for damages in the Victoria Supreme Court, arguing that the article defamed him. Dow Jones filed an appeal arguing that Victoria was an inappropriate forum for the action because the statements were published in New Jersey.

Rule of Law

Issue

Holding and Reasoning (Gleeson, C.J., and McHugh, Gummow, and Hayne, JJ.)

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