Chittick v Pitney [2014] NSWSC 1557

Chittick v Pitney [2014] NSWSC 1557

Most objections based on compound form or lack of capacity failed because the challenged imputations either identified a single defamatory sting with particulars or were reasonably capable of being conveyed. Imputation 14(a) was embarrassing because the phrase "insane idiot" was too imprecise to identify the act or condition to be justified. Defects in imputations 16(b) and 20(b) could be addressed by re-pleading, including pleading grouped Facebook posts as single publications.

Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Defamation Proceedings Arising Out of Facebook Posts / Interlocutory Applications Concerning Objections to Imputations in a Proposed Amended Statement of Claim
Outcome
Rulings made on objections to the form of pleaded imputations; imputation 14(a) should be struck out, several objections rejected, and leave to re-plead foreshadowed amendments should be granted.
Legal Topics
['pleading Imputations' 'form of Imputations' 'capacity to Convey Defamatory Meaning' 'embarrassing Pleading' 'leave to Amend']
['defamation' 'civil Procedure'] ['pleading Imputations' 'form of Imputations' 'capacity to Convey Defamatory Meaning' 'embarrassing Pleading' 'leave to Amend']

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Procedural Posture

Defamation Proceedings Arising Out of Facebook Posts / Interlocutory Applications Concerning Objections to Imputations in a Proposed Amended Statement of Claim

Legal Issues

  1. 1 ['Whether particular pleaded imputations were bad in form because they raised compound acts or conditions.' 'Whether imputation 14(a), "the plaintiff is an insane idiot", was embarrassing because it amounted to meaningless abuse or was imprecise.' "Whether imputation 14(b) was reasonably capable of conveying that the plaintiff turned off power to Brad's Auto so as to cause damage to that business." 'Whether imputation 15(a) was compound or incapable of conveying cowardice.' 'Whether imputations 16(b), 18(a) and 20(b) were defective in form or required re-pleading.']

Ratio Decidendi

Most objections based on compound form or lack of capacity failed because the challenged imputations either identified a single defamatory sting with particulars or were reasonably capable of being conveyed. Imputation 14(a) was embarrassing because the phrase "insane idiot" was too imprecise to identify the act or condition to be justified. Defects in imputations 16(b) and 20(b) could be addressed by re-pleading, including pleading grouped Facebook posts as single publications.

Court Disposition

Rulings made on objections to the form of pleaded imputations; imputation 14(a) should be struck out, several objections rejected, and leave to re-plead foreshadowed amendments should be granted.

Orders

  • ["Leave to amend the pleading to rely on schedule A as a single publication and schedule B as a single publication should be granted if that is the plaintiff's preferred course." 'Imputation 14(a) should be struck out.' 'The objection to imputation 14(b) should be rejected.' 'The objection to imputation 14(c) was...