Randwick Labor Club Limited & 7 Ors v Amalgamated Television Services Pty Limited [1999] NSWSC 880

Randwick Labor Club Limited & 7 Ors v Amalgamated Television Services Pty Limited [1999] NSWSC 880

All pleaded imputations (5(a)-(f) and 6(a)-(e)) in the Amended Statement of Claim are capable of arising from the publication, are not defective in form or capacity, and will go to the jury for determination; defendant's objections to precision and capacity fail, subject to clarification by inserting 'knowingly' where appropriate.

Jurisdiction
Australia
Judgment Date
03 September 1999
Procedural Posture
Defamation / Interlocutory Ruling on Capacity and Form of Imputations; Directions Orders
Outcome
Imputations 5(a)-(f) and 6(a)-(e) are capable of arising and will go to the jury; interlocutory orders made regarding pleadings and procedure; costs awarded to plaintiffs; further directions listed.
Legal Topics
['imputation Capacity' 'pleading Form' 'striking Out Pleadings' 'suspicion Imputations' "directors' Liability in Defamation"]
['defamation'] ['imputation Capacity' 'pleading Form' 'striking Out Pleadings' 'suspicion Imputations' "directors' Liability in Defamation"]

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Procedural Posture

Defamation / Interlocutory Ruling on Capacity and Form of Imputations; Directions Orders

Legal Issues

  1. 1 ['Are the pleaded imputations capable of arising from the publication?' "Are the terms 'slush fund' and 'slush fund club' sufficiently precise for defamation proceedings?" 'Should certain imputations be struck out for form or capacity?' 'Is involvement or knowledge by directors relevant for capacity of imputations?']

Ratio Decidendi

All pleaded imputations (5(a)-(f) and 6(a)-(e)) in the Amended Statement of Claim are capable of arising from the publication, are not defective in form or capacity, and will go to the jury for determination; defendant's objections to precision and capacity fail, subject to clarification by inserting 'knowingly' where appropriate.

Court Disposition

Imputations 5(a)-(f) and 6(a)-(e) are capable of arising and will go to the jury; interlocutory orders made regarding pleadings and procedure; costs awarded to plaintiffs; further directions listed.

Orders

  • ['Imputations 5(a)-(f) and 6(a)-(e) in the Amended Statement of Claim will go to the jury.' 'The defendant is to file a defence to the Amended Statement of Claim within 14 days.' 'The plaintiffs are to file any Reply to any such Defence within 14 days.' 'Particulars of Defence and Reply are to be requested within 7...