Craftsman Homes Aust P/L & Ors v TCN Channel Nine P/L & Ors [2003] NSWSC 124

Craftsman Homes Aust P/L & Ors v TCN Channel Nine P/L & Ors [2003] NSWSC 124

The evidence, taken as a whole, was not capable of identifying the first plaintiff (Craftsman Homes Australia) in respect of either the promo or the programme, and the pleaded imputations could not reasonably be construed as referring to the franchisor, which was not involved in building work.

Jurisdiction
Australia
Judgment Date
07 March 2003
Procedural Posture
Defamation / S7 a Trial; Directed Verdict on Identification Issue
Outcome
Directed verdict against the first plaintiff in relation to both publications.
Legal Topics
['directed Verdict' 'identification in Defamation' 'group Defamation' 'imputations' 'reasonableness Test']
['defamation'] ['directed Verdict' 'identification in Defamation' 'group Defamation' 'imputations' 'reasonableness Test']

Case Brief

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Procedural Posture

Defamation / S7 a Trial; Directed Verdict on Identification Issue

Legal Issues

  1. 1 ['Whether the first plaintiff (franchisor) was capable of being identified in the publications for the purposes of defamation' 'Whether pleaded imputations were capable of arising against the first plaintiff']

Ratio Decidendi

The evidence, taken as a whole, was not capable of identifying the first plaintiff (Craftsman Homes Australia) in respect of either the promo or the programme, and the pleaded imputations could not reasonably be construed as referring to the franchisor, which was not involved in building work.

Court Disposition

Directed verdict against the first plaintiff in relation to both publications.

Orders

  • ['Directed verdict against Craftsman Homes Australia Pty Limited in relation to both publications.']