Young v The Neil Jenman Group Pty Limited [2010] FCA 318

Young v The Neil Jenman Group Pty Limited [2010] FCA 318

The third matter complained of is capable of conveying the imputation that Kevin Young received $150 million in commissions by ripping off investors, as the material can be understood by an ordinary reasonable reader to make such an allegation. The respondents' strike-out application is therefore dismissed.

Parties
First Applicant: Kevin Young; Second Applicant: The Investors Club Limited (ACN 069 072 742); Third Applicant: Lisson Pty Ltd (ACN 077 935 865); First Respondent: The Neil Jenman Group Pty Limited; Second Respondent: Neil Jenman
Jurisdiction
Australia
Judgment Date
26 March 2010
Procedural Posture
Application to Strike Out Imputation in Defamation Action / Ruling on Strike Out Application Prior to Trial
Outcome
Application to strike out the imputation dismissed
Legal Topics
Imputation—capacity to Convey Defamatory Meaning, Pleadings—deficiency of Imputation, Defamation—single Cause of Action
Defamation Imputation—capacity to Convey Defamatory Meaning Pleadings—deficiency of Imputation Defamation—single Cause of Action

Case Brief

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Parties

Kevin Young

First Applicant

The Investors Club Limited (ACN 069 072 742)

Second Applicant

Lisson Pty Ltd (ACN 077 935 865)

Third Applicant

The Neil Jenman Group Pty Limited

First Respondent

Neil Jenman

Second Respondent

Procedural Posture

Application to Strike Out Imputation in Defamation Action / Ruling on Strike Out Application Prior to Trial

Legal Issues

  1. 1 Whether the third matter complained of is capable of conveying the pleaded imputation, namely that between 1995 and 2005 the first applicant had received commissions on the sale of properties amounting to $150 million by ripping off investors
  2. 2 Whether the pleading of the imputation is deficient for failing to specify to whom Kevin Young charged the commissions

Ratio Decidendi

The third matter complained of is capable of conveying the imputation that Kevin Young received $150 million in commissions by ripping off investors, as the material can be understood by an ordinary reasonable reader to make such an allegation. The respondents' strike-out application is therefore dismissed.

Court Disposition

Application to strike out the imputation dismissed

Orders

  • The applicant is to file and serve an amended statement of claim on or before 16 April 2010.
  • If any further pleading disputes remain, the respondents are to file and serve submissions on or before 30 April 2010; the applicants are to respond on or before 4 May 2010.