Shore v Nationwide News Pty Ltd [2016] NSWDC 270

Shore v Nationwide News Pty Ltd [2016] NSWDC 270

Imputations in the words of the matter complained of can be permitted if their meaning is sufficiently clear, as with 'mount' in this context; generic or duplicate imputations lacking additional defamatory sting or relying solely on association (such as being a criminal's spouse/partner) are not reasonably capable of conveying a defamatory imputation and can be struck out.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Civil / Procedural and Other Rulings
Outcome
Orders made on imputation form and capacity; some imputations allowed, others struck out; costs awarded.
Legal Topics
['defamation' 'imputations' 'pleadings' 'capacity' 'striking Out']
['tort'] ['defamation' 'imputations' 'pleadings' 'capacity' 'striking Out']

Case Brief

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Procedural Posture

Civil / Procedural and Other Rulings

Legal Issues

  1. 1 ['Whether certain pleaded imputations are reasonably capable of being conveyed by the matter complained of and permitted to proceed.' 'Whether the wording and form of particular imputations are ambiguous or impermissible as pleaded.']

Ratio Decidendi

Imputations in the words of the matter complained of can be permitted if their meaning is sufficiently clear, as with 'mount' in this context; generic or duplicate imputations lacking additional defamatory sting or relying solely on association (such as being a criminal's spouse/partner) are not reasonably capable of conveying a defamatory imputation and can be struck out.

Court Disposition

Orders made on imputation form and capacity; some imputations allowed, others struck out; costs awarded.

Orders

  • ['Imputation 4(a) is reasonably capable of being conveyed.' 'Leave granted to first plaintiff to amend imputation 4(c) to "The first plaintiff organised an elaborate plot to steal court documents".' 'Imputation 4(d) is reasonably capable of being conveyed.' 'Imputations 4(e) and 6(e) are struck out.' 'Imputations...