SAFFRON v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 320

SAFFRON v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 320

Imputations 3(a), (h), and (k) are struck out for defect in form or incapacity; imputations 3(b), (d), (f), (g), (i), (j), (m), and 3A(a) are incapable in law of being conveyed by the matter complained of; the pleaded true innuendo is incapable of being carried due to lack of specificity and substance.

Jurisdiction
Australia
Judgment Date
17 April 2003
Procedural Posture
Defamation / Interlocutory/striking Out Imputations
Outcome
Imputations struck out and incapable; plaintiff granted leave to amend statement of claim; plaintiff to pay defendant's costs; matter listed for directions.
Legal Topics
['imputations' 'capacity of Imputations' 'pleading' 'form']
['defamation'] ['imputations' 'capacity of Imputations' 'pleading' 'form']

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Procedural Posture

Defamation / Interlocutory/striking Out Imputations

Legal Issues

  1. 1 ['Whether the claimed imputations are capable of being conveyed by the matter complained of' 'Whether certain imputations are defective in form' 'Whether the true innuendo is capable of being carried by the matter complained of']

Ratio Decidendi

Imputations 3(a), (h), and (k) are struck out for defect in form or incapacity; imputations 3(b), (d), (f), (g), (i), (j), (m), and 3A(a) are incapable in law of being conveyed by the matter complained of; the pleaded true innuendo is incapable of being carried due to lack of specificity and substance.

Court Disposition

Imputations struck out and incapable; plaintiff granted leave to amend statement of claim; plaintiff to pay defendant's costs; matter listed for directions.

Orders

  • ['Imputations 3(a), (h) and (k) are struck out.' 'Imputations 3(b), (d), (f), (g), (i), (j) and (m) and 3A(a) are incapable as a matter of law of being carried by the matter complained of.' 'The plaintiff has leave to file an amended statement of claim within 14 days of today.' "The plaintiff is to pay the...