French v Fraser [2014] NSWSC 1937

French v Fraser [2014] NSWSC 1937

Imputations 4(a) and 4(c) were struck out as being incapable of being reasonably conveyed by the publications. Other objections to the pleadings were rejected, as the remaining imputations and particulars could not be said to be incapable of arising or being established on the evidence. Particular (a) of aggravated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Defamation / Determination of Defendant's Objections to Plaintiff's Pleadings
Outcome
Imputations 4(a) and (c) struck out; defendant's objections to pleadings otherwise rejected
Legal Topics
['pleadings' 'strike Out Applications' 'imputations']
['defamation'] ['pleadings' 'strike Out Applications' 'imputations']

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Procedural Posture

Defamation / Determination of Defendant's Objections to Plaintiff's Pleadings

Legal Issues

  1. 1 ['Whether certain imputations pleaded by the plaintiff are capable of being conveyed by the publications and should be struck out' 'Whether particular of aggravated damages should be struck out']

Ratio Decidendi

Imputations 4(a) and 4(c) were struck out as being incapable of being reasonably conveyed by the publications. Other objections to the pleadings were rejected, as the remaining imputations and particulars could not be said to be incapable of arising or being established on the evidence. Particular (a) of aggravated damages was not struck out at this stage, despite potential tension with other particulars.

Court Disposition

Imputations 4(a) and (c) struck out; defendant's objections to pleadings otherwise rejected

Orders

  • ['Imputations 4(a) and (c) of the Amended Statement of Claim struck out' "Defendant's remaining objections to the pleadings are rejected" 'Each party to bear their own costs in the cause']