Lynch v News Ltd [2000] NSWSC 128

Lynch v News Ltd [2000] NSWSC 128

The article is reasonably capable of conveying the pleaded imputations as to cheating and bringing disgrace; it is open for a reasonable jury to find such meanings; therefore, the application to strike out the imputations is dismissed and the matters will go to the jury.

Jurisdiction
Australia
Judgment Date
09 March 2000
Procedural Posture
Defamation Application / Interlocutory Application to Strike Out Pleaded Imputations
Outcome
Application dismissed
Legal Topics
['imputations' 'strike Out Applications' 'reasonable Reader Test']
['defamation'] ['imputations' 'strike Out Applications' 'reasonable Reader Test']

Case Brief

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Procedural Posture

Defamation Application / Interlocutory Application to Strike Out Pleaded Imputations

Legal Issues

  1. 1 ['Whether the article was reasonably capable of conveying the pleaded imputations' 'Whether the pleaded imputations should be struck out']

Ratio Decidendi

The article is reasonably capable of conveying the pleaded imputations as to cheating and bringing disgrace; it is open for a reasonable jury to find such meanings; therefore, the application to strike out the imputations is dismissed and the matters will go to the jury.

Court Disposition

Application dismissed

Orders

  • ['The application to strike out the imputations pleaded is dismissed.' "The defendant is ordered to pay the plaintiff's costs of the application."]