Purcell & Anor v Cruising Yacht Club of Australia Pty Ltd & Ors [2002] NSWSC 557

Purcell & Anor v Cruising Yacht Club of Australia Pty Ltd & Ors [2002] NSWSC 557

The contextual truth defences were struck out because the purported contextual imputations were vague, lacking in requisite precision, incapable in law of being carried by the publication in addition to the plaintiff's imputation, and thus invalid as a matter of law. The interstate defences were struck out as otiose due to absence of any interstate component in liability or damages.

Jurisdiction
Australia
Judgment Date
25 June 2002
Procedural Posture
Defamation / Interlocutory Application to Strike Out Defences
Outcome
Plaintiffs' motion to strike out parts of the defence allowed.
Legal Topics
['contextual Truth' 'form of Imputation' 'strike Out of Defence']
['defamation'] ['contextual Truth' 'form of Imputation' 'strike Out of Defence']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application to Strike Out Defences

Legal Issues

  1. 1 ["Whether the defence of contextual truth as pleaded was bad in form and incapable of being carried in addition to the plaintiff's imputation" 'Whether interstate defences in paragraphs 12-16 of the Amended Defence were otiose']

Ratio Decidendi

The contextual truth defences were struck out because the purported contextual imputations were vague, lacking in requisite precision, incapable in law of being carried by the publication in addition to the plaintiff's imputation, and thus invalid as a matter of law. The interstate defences were struck out as otiose due to absence of any interstate component in liability or damages.

Court Disposition

Plaintiffs' motion to strike out parts of the defence allowed.

Orders

  • ['Paragraph 11 of the Amended Defence is struck out.' 'Paragraphs 12 to 16 of the Amended Defence are struck out.' "The defendants are to pay the plaintiffs' costs." "The matter is stood over to the Registrar's Defamation Directions List on 12 July 2002."]