DENT v MACQUARIE RADIO NETWORK PTY LTD [2004] NSWSC 95

DENT v MACQUARIE RADIO NETWORK PTY LTD [2004] NSWSC 95

Leave was granted to file a further amended statement of claim because several imputations were capable of being carried and capable of being defamatory, but the pleading had to conform to the reasons: abandoned imputations could not proceed, imputations that did not differ in substance required election, imputations not reasonably capable of being carried were excluded or limited, and the third matter's claim-related imputations could proceed only as true innuendos.

Jurisdiction
Australia
Judgment Date
27 February 2004
Procedural Posture
Defamation Proceeding / Application for Leave to File a Further Amended Statement of Claim; Determination of Capacity and Difference in Substance of Pleaded Imputations
Outcome
Leave granted to file a further amended statement of claim in accordance with the reasons; each party to pay his and its own costs.
Legal Topics
['imputations' 'capacity' 'difference in Substance' 'true Innuendo' 'further Amended Statement of Claim']
['defamation' 'civil Procedure'] ['imputations' 'capacity' 'difference in Substance' 'true Innuendo' 'further Amended Statement of Claim']

Case Brief

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Procedural Posture

Defamation Proceeding / Application for Leave to File a Further Amended Statement of Claim; Determination of Capacity and Difference in Substance of Pleaded Imputations

Legal Issues

  1. 1 ['Whether each pleaded imputation was capable of being carried by the relevant broadcast and capable of being defamatory.' 'Whether certain pleaded imputations differed in substance or required the plaintiff to elect between them.' 'Whether the plaintiff could rely on true innuendo imputations based on listeners knowing the pleaded extrinsic fact.']

Ratio Decidendi

Leave was granted to file a further amended statement of claim because several imputations were capable of being carried and capable of being defamatory, but the pleading had to conform to the reasons: abandoned imputations could not proceed, imputations that did not differ in substance required election, imputations not reasonably capable of being carried were excluded or limited, and the third matter's claim-related imputations could proceed only as true innuendos.

Court Disposition

Leave granted to file a further amended statement of claim in accordance with the reasons; each party to pay his and its own costs.

Orders

  • ['The plaintiff is granted leave to file a further amended statement of claim in accordance with these reasons and is to do so within 14 days.' 'Each party is to pay his and its own costs.' "I place the matter in the Registrar's 9am Directions List on Friday 12 March 2004." 'Exhibit 1 (the 3 audio tapes) is to be...