Born Brands Pty Limited & Ors v Nine Network Australia Pty Ltd & Ors [2011] NSWSC 642

Born Brands Pty Limited & Ors v Nine Network Australia Pty Ltd & Ors [2011] NSWSC 642

The broadcast was capable of conveying the imputations pleaded, so they may go to the jury; the particulars of malice were inadequate and must be provided for each defendant, as there is no doctrine of transferred malice in injurious falsehood.

Parties
Plaintiff: Born Brands Pty Ltd; Plaintiff: Hayley Birtles-Eades; Defendant: Nine Network Australia Pty Ltd; Defendant: Gabriella Rogers; Defendant: Georgie Gardner
Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Interlocutory Application / Ruling on Objections to Imputations and Order for Further Particulars
Outcome
Imputations permitted to go to the jury; plaintiffs to provide further and better particulars of malice within fourteen days.
Legal Topics
Capacity of Matter to Convey Imputations, Malice, Injurious Falsehood
Defamation Torts Capacity of Matter to Convey Imputations Malice Injurious Falsehood

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Parties

Born Brands Pty Ltd

Plaintiff

Hayley Birtles-Eades

Plaintiff

Nine Network Australia Pty Ltd

Defendant

Gabriella Rogers

Defendant

Georgie Gardner

Defendant

Procedural Posture

Interlocutory Application / Ruling on Objections to Imputations and Order for Further Particulars

Legal Issues

  1. 1 Whether the broadcast was capable of conveying the pleaded imputations
  2. 2 Adequacy of the particulars of malice in an injurious falsehood claim
  3. 3 Requirement to specify improper purpose or motive in allegations of malice

Ratio Decidendi

The broadcast was capable of conveying the imputations pleaded, so they may go to the jury; the particulars of malice were inadequate and must be provided for each defendant, as there is no doctrine of transferred malice in injurious falsehood.

Court Disposition

Imputations permitted to go to the jury; plaintiffs to provide further and better particulars of malice within fourteen days.

Orders

  • Each of the imputations relied upon by the plaintiffs may go to the jury.
  • Plaintiffs to provide further and better particulars of malice in accordance with these reasons within fourteen days.