Laming v Nine Network Australia Pty Ltd [2022] FCA 63

Laming v Nine Network Australia Pty Ltd [2022] FCA 63

Contextual imputations must be pleaded with sufficient precision and bear a reasonable relationship to both the pleaded imputations and the published material. Contextual imputation (i) (taking a photo of Crystal White's bottom) and contextual imputation (ii) (being a 'creep' defined as 'unpleasant and repellent person') both satisfy the requirements of precision and relationship to the news segment and may stand. Contextual imputation (iii) (unfit to be a member of Parliament) lacks the necessary specificity and would open an unacceptably broad scope of evidence, and is to be struck out. Particulars of truth must relate to allowed contextual imputations, and those solely referable to...

Jurisdiction
Australia
Judgment Date
28 January 2022
Procedural Posture
Defamation Proceeding (application to Strike Out Parts of Defence) / Interlocutory Application / Pre Trial
Outcome
Application granted in part.
Legal Topics
['contextual Imputations' 'pleading Precision' 'contextual Truth Defence' 'honest Opinion Defence' 'qualified Privilege' 'strike Out Application']
['defamation' 'practice and Procedure'] ['contextual Imputations' 'pleading Precision' 'contextual Truth Defence' 'honest Opinion Defence' 'qualified Privilege' 'strike Out Application']

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Procedural Posture

Defamation Proceeding (application to Strike Out Parts of Defence) / Interlocutory Application / Pre Trial

Legal Issues

  1. 1 ['Whether contextual imputations in the defence were sufficiently precise and unambiguous for pleading contextual truth' "Whether the word 'creep' as an imputation is too imprecise" 'Whether the honest opinion defence applies to the imputation or the entire publication' 'Whether proposed contextual imputations have the necessary relationship with the published material']

Ratio Decidendi

Contextual imputations must be pleaded with sufficient precision and bear a reasonable relationship to both the pleaded imputations and the published material. Contextual imputation (i) (taking a photo of Crystal White's bottom) and contextual imputation (ii) (being a 'creep' defined as 'unpleasant and repellent person') both satisfy the requirements of precision and relationship to the news segment and may stand. Contextual imputation (iii) (unfit to be a member of Parliament) lacks the necessary specificity and would open an unacceptably broad scope of evidence, and is to be struck out. Particulars of truth must relate to allowed contextual imputations, and those solely referable to...

Court Disposition

Application granted in part.

Orders

  • ['Leave granted to file the proposed amended defence upon deletion of paragraph 14(a)(iii), and paragraphs 48 to 90, 97 to 104, and 130 to 139 of the particulars of truth, with necessary consequential changes.' 'Interlocutory application dated 25 October 2021 otherwise dismissed.' 'Costs of the interlocutory...