Goldsworthy v Radio 2UE Sydney Pty Limited [1999] NSWSC 291

Goldsworthy v Radio 2UE Sydney Pty Limited [1999] NSWSC 291

Objection to imputation (b) on form fails, but the broadcast as a whole is not capable of conveying the imputation that "decent lawyers would deplore the conduct of the plaintiff." Thus, imputation (b) is struck out. The context of the matter complained of is capable of conveying the imputation that the plaintiff is unfit to be a lawyer; imputation (c) is not struck out.

Jurisdiction
Australia
Judgment Date
22 March 1999
Procedural Posture
Civil / Interlocutory Application—ruling on Strike Out of Imputations in Second Further Amended Statement of Claim
Outcome
Imputation (b) struck out; imputation (c) not struck out.
Legal Topics
['imputations' 'electronic Media' 'striking Out Pleadings']
['defamation'] ['imputations' 'electronic Media' 'striking Out Pleadings']

Case Brief

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Procedural Posture

Civil / Interlocutory Application—ruling on Strike Out of Imputations in Second Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether imputation (b) is capable of being conveyed by the broadcast' 'Whether imputation (c) is capable of being conveyed by the broadcast']

Ratio Decidendi

Objection to imputation (b) on form fails, but the broadcast as a whole is not capable of conveying the imputation that "decent lawyers would deplore the conduct of the plaintiff." Thus, imputation (b) is struck out. The context of the matter complained of is capable of conveying the imputation that the plaintiff is unfit to be a lawyer; imputation (c) is not struck out.

Court Disposition

Imputation (b) struck out; imputation (c) not struck out.

Orders

  • ['Imputation (b) is struck out.']