Anthony William Heath v Fairfax Media Publications Pty Ltd & Anor [2011] NSWSC 742

Anthony William Heath v Fairfax Media Publications Pty Ltd & Anor [2011] NSWSC 742

The alleged imputations pleaded by the plaintiff, as amended and excluding those not pressed, are each capable of arising from the publications in question and should be left to the jury; defendants cannot require the restructuring of pleadings to force fallback or alternative pleas absent compliance with UCPR requirements.

Parties
Plaintiff: Anthony William Heath; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Fairfax Digital Australia & New Zealand Pty Ltd
Jurisdiction
Australia
Judgment Date
19 July 2011
Procedural Posture
Civil / Interlocutory Application on Pleadings
Outcome
Application to strike out or restructure imputations dismissed. Orders regarding amendment of statement of claim granted.
Legal Topics
Pleadings, Imputations, Capacity and Form of Pleadings, Alternative or Fallback Imputations, Application of Uniform Civil Procedure Rules
Defamation Civil Procedure Pleadings Imputations Capacity and Form of Pleadings Alternative or Fallback Imputations Application of Uniform Civil Procedure Rules

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Parties

Anthony William Heath

Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Fairfax Digital Australia & New Zealand Pty Ltd

Second Defendant

Procedural Posture

Civil / Interlocutory Application on Pleadings

Legal Issues

  1. 1 Whether various pleaded imputations are capable of arising from the published matters and should be left to the jury
  2. 2 Whether a defendant can require a plaintiff to plead an imputation as alternative or fallback to another imputation absent a proper basis under UCPR Pt 14.28

Ratio Decidendi

The alleged imputations pleaded by the plaintiff, as amended and excluding those not pressed, are each capable of arising from the publications in question and should be left to the jury; defendants cannot require the restructuring of pleadings to force fallback or alternative pleas absent compliance with UCPR requirements.

Court Disposition

Application to strike out or restructure imputations dismissed. Orders regarding amendment of statement of claim granted.

Orders

  • The plaintiff to file and serve an amended statement of claim consistent with these reasons by 4pm 29 July 2011.
  • The defendants to file and serve their defence by 4pm 12 August 2011.