Hall & Ors v Jones & Anor [2000] NSWSC 39

Hall & Ors v Jones & Anor [2000] NSWSC 39

All pleaded imputations by the plaintiffs are capable of arising from the broadcast and are to go to the jury, but the second, third and fourth plaintiffs are required to provide further particulars of identification, and all plaintiffs are required to provide further particulars for claims for aggravated damages as specified in the orders.

Jurisdiction
Australia
Judgment Date
14 February 2000
Procedural Posture
Civil (defamation) / Interlocutory (notice of Motion to Strike Out Imputations and for Further Particulars)
Outcome
Notice of motion granted in part; All imputations to go to the jury; Orders for further and better particulars; Each party to bear its own costs.
Legal Topics
['pleading of Imputations' 'particulars of Identification' 'aggravated Damages' 'striking Out Pleadings']
['defamation'] ['pleading of Imputations' 'particulars of Identification' 'aggravated Damages' 'striking Out Pleadings']

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Procedural Posture

Civil (defamation) / Interlocutory (notice of Motion to Strike Out Imputations and for Further Particulars)

Legal Issues

  1. 1 ['Whether the pleaded imputations differ in substance or are capable of arising from the broadcast' 'Whether further particulars of identification must be supplied for unnamed plaintiffs' 'Whether particulars for claim of aggravated damages are sufficient']

Ratio Decidendi

All pleaded imputations by the plaintiffs are capable of arising from the broadcast and are to go to the jury, but the second, third and fourth plaintiffs are required to provide further particulars of identification, and all plaintiffs are required to provide further particulars for claims for aggravated damages as specified in the orders.

Court Disposition

Notice of motion granted in part; All imputations to go to the jury; Orders for further and better particulars; Each party to bear its own costs.

Orders

  • ["The first plaintiff's imputations (a)-(f) will go to the jury." 'The imputations of the second, third and fourth plaintiffs (a)-(e) will go to the jury.' 'Second, third and fourth plaintiffs to supply to the defendants, within 28 days, particulars specifying by name and address the identity of persons who had...