Daher v Nationwide News Pty Ltd [2016] NSWDC 203

Whether the allegedly defamatory imputation (that the plaintiff is a terrorist) is able to be conveyed is a matter for the jury, applying generosity at the threshold and considering the 'bane and antidote' principle; the objections to this imputation are dismissed.

Parties: Plaintiff: Ali Daher; Defendant: Nationwide News Pty Ltd
Jurisdiction: Australia
Judgment Date: 05 September 2016
Procedural Posture: Tort – Defamation / Pre Trial Interlocutory Application (strike Out Objection to Imputation)
Outcome: Defendant's objection to imputation (iv) dismissed; imputation (iv) to go to the jury; leave granted to file amended statement of claim; orders as to filing and costs made.
Legal Topics: Defamation, Capacity of Imputation, Bane and Antidote

Tort Defamation Capacity of Imputation Bane and Antidote

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2

Parties

Ali Daher

Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Tort – Defamation / Pre Trial Interlocutory Application (strike Out Objection to Imputation)

Legal Issues

1 Whether imputation (iv) that the plaintiff is a terrorist is capable of being conveyed by the publications
2 Application of the 'bane and antidote' principle to the pleaded imputations

Ratio Decidendi

Court Disposition

Defendant's objection to imputation (iv) dismissed; imputation (iv) to go to the jury; leave granted to file amended statement of claim; orders as to filing and costs made.

Orders

Leave granted to plaintiff to file amended statement of claim including agreed amendments.
Defendant's objections as to imputation (iv) dismissed; this imputation will go to the jury.