Ibrahim v Fairfax Media Publications Pty Ltd [2014] NSWSC 24

Ibrahim v Fairfax Media Publications Pty Ltd [2014] NSWSC 24

Imputations in sub-paragraphs 5(a), 5(c), 7(a), and 7(c) of the Statement of Claim are either not supported by the publication, not capable of being defamatory, or not pressed by the plaintiff and should be struck out. However, the plaintiff is granted leave to amend/replead those claims. Other challenged imputations do not meet the high threshold required for being struck out and are allowed to proceed.

Parties
Plaintiff: Bashar Ibrahim; Defendant: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
03 February 2014
Procedural Posture
Defamation, Interlocutory Application / Application to Strike Out Parts of the Statement of Claim
Outcome
Application granted in part; certain imputations struck out with leave to amend
Legal Topics
Imputations, Summary Dismissal/strike Out, Defamation – Defamatory Meaning
Defamation Imputations Summary Dismissal/strike Out Defamation – Defamatory Meaning

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Parties

Bashar Ibrahim

Plaintiff

Fairfax Media Publications Pty Ltd

Defendant

Procedural Posture

Defamation, Interlocutory Application / Application to Strike Out Parts of the Statement of Claim

Legal Issues

  1. 1 Whether certain imputations pleaded in the Statement of Claim are capable of being conveyed by the publications
  2. 2 Whether those imputations, if conveyed, are capable of being defamatory

Ratio Decidendi

Imputations in sub-paragraphs 5(a), 5(c), 7(a), and 7(c) of the Statement of Claim are either not supported by the publication, not capable of being defamatory, or not pressed by the plaintiff and should be struck out. However, the plaintiff is granted leave to amend/replead those claims. Other challenged imputations do not meet the high threshold required for being struck out and are allowed to proceed.

Court Disposition

Application granted in part; certain imputations struck out with leave to amend

Orders

  • The imputations in sub-paragraphs 5(a), 5(c), 7(a) and 7(c) of the Statement of Claim be struck out.
  • The plaintiff be granted leave to file and serve an Amended Statement of Claim on or before 10 February 2014.