MITCHELL V CHANNEL SEVEN SYDNEY [2009] NSWSC 1051

Certain contested imputations are reasonably capable of being conveyed by the broadcasts, but some are embarrassing, imprecise or unsupported, and should not go to the jury unless amended. Plaintiffs are granted leave to amend their statement of claim to reflect the court's reasoning.

Jurisdiction: Australia
Judgment Date: 02 October 2009
Procedural Posture: Defamation / Ruling on Objections to Defamatory Imputations and Leave to Amend Statement of Claim
Outcome: Plaintiffs granted leave to amend statement of claim, further orders on costs to be determined.
Legal Topics: ['objections to Imputations' 'capacity to Convey Defamatory Meanings' 'pleading Amendments']

['defamation Law' 'civil Procedure'] ['objections to Imputations' 'capacity to Convey Defamatory Meanings' 'pleading Amendments']

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Procedural Posture

Defamation / Ruling on Objections to Defamatory Imputations and Leave to Amend Statement of Claim

Legal Issues

1 ['Whether certain pleaded imputations are reasonably capable of being conveyed by the broadcast' 'Whether some imputations are defective in form and should be struck out']

Ratio Decidendi

Court Disposition

Plaintiffs granted leave to amend statement of claim, further orders on costs to be determined.

Orders

['Plaintiffs have leave to file an amended statement of claim in accordance with the reasons within 14 days.' 'Court will hear the parties as to costs.']