Assaf & Anor v Skalkos & Anor [1999] NSWSC 458

Assaf & Anor v Skalkos & Anor [1999] NSWSC 458

The matters complained of are capable of conveying the imputations pleaded in the Second Further Amended Statement of Claim; each imputation is capable of being defamatory and thus should go to the jury.

Jurisdiction
Australia
Judgment Date
17 May 1999
Procedural Posture
Defamation / Interlocutory Application Regarding Capacity of Imputations to Be Defamatory
Outcome
Orders made; relevant imputations to go to the jury; previous orders confirmed; liberty to restore granted; costs of directions hearing to be costs in the cause.
Legal Topics
['imputations' 'capacity to Defame' 'directions to Jury']
['defamation'] ['imputations' 'capacity to Defame' 'directions to Jury']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application Regarding Capacity of Imputations to Be Defamatory

Legal Issues

  1. 1 ['Whether the matters complained of are capable of conveying the imputations pleaded' 'Whether each imputation is capable of being defamatory']

Ratio Decidendi

The matters complained of are capable of conveying the imputations pleaded in the Second Further Amended Statement of Claim; each imputation is capable of being defamatory and thus should go to the jury.

Court Disposition

Orders made; relevant imputations to go to the jury; previous orders confirmed; liberty to restore granted; costs of directions hearing to be costs in the cause.

Orders

  • ['Imputation 7(a), (c), (d), (e); 7A(a), (c), (d), (e); 8(a), (c), (d); 8A(a), (c), (d) will go to the jury.' 'Orders 5, 6 and 7 made in the judgment of 30 April 1999 confirmed and matter to be expedited.' 'Liberty to restore to the Defamation List on 7 days notice.' 'Costs of the directions hearing on 14 May 1999...