Stoner v Jones [2015] NSWSC 585

Stoner v Jones [2015] NSWSC 585

Objections to most imputations were rejected on grounds of sufficient specificity, clarity, and capacity to convey defamatory meaning; some imputations found not to differ in substance or were impermissibly imprecise and struck out; Plaintiff granted leave to amend the amended statement of claim in accordance with these rulings.

Parties
Plaintiff: Andrew Stoner; First Defendant: Alan Jones; Second Defendant: Harbour Radio Pty Limited; Third Defendant: Jeremy Nova Buckingham
Jurisdiction
Australia
Judgment Date
24 April 2015
Procedural Posture
Defamation / Objections to Statement of Claim; Rulings on Imputations
Outcome
Plaintiff granted leave to amend amended statement of claim in accordance with the rulings.
Legal Topics
Procedure, Pleadings, Objections to Statement of Claim, Objections to Imputations, Requirements of Specificity and Precision
Defamation Procedure Pleadings Objections to Statement of Claim Objections to Imputations Requirements of Specificity and Precision

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Parties

Andrew Stoner

Plaintiff

Alan Jones

First Defendant

Harbour Radio Pty Limited

Second Defendant

Jeremy Nova Buckingham

Third Defendant

Procedural Posture

Defamation / Objections to Statement of Claim; Rulings on Imputations

Legal Issues

  1. 1 Whether the pleaded imputations in the amended statement of claim comply with requirements of specificity and precision under the Uniform Civil Procedure Rules 2005 (NSW), r 14.30
  2. 2 Whether certain imputations disclose any defamatory act or condition, are impermissibly imprecise, or differ in substance

Ratio Decidendi

Objections to most imputations were rejected on grounds of sufficient specificity, clarity, and capacity to convey defamatory meaning; some imputations found not to differ in substance or were impermissibly imprecise and struck out; Plaintiff granted leave to amend the amended statement of claim in accordance with these rulings.

Court Disposition

Plaintiff granted leave to amend amended statement of claim in accordance with the rulings.

Orders

  • Plaintiff granted leave to amend his amended statement of claim in accordance with these reasons.