Cheung v Fairfax Media Publications Pty Ltd [2014] NSWSC 28

Cheung v Fairfax Media Publications Pty Ltd [2014] NSWSC 28

The Court found that imputations (a) and (b) in specified paragraphs should be struck out, as imputation (a) as reformulated and imputation (c) are not so substantially similar as to require election at this stage, and imputation (f) is capable of being conveyed as per the high strike out threshold in defamation cases.

Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Defamation / Interlocutory Application, Strike Out
Outcome
Imputations (a) and (b) struck out; amendment directed; matter stood over for directions; no order as to costs.
Legal Topics
['form of Imputations' 'capable of Being Conveyed' 'strike Out Applications']
['defamation'] ['form of Imputations' 'capable of Being Conveyed' 'strike Out Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Interlocutory Application, Strike Out

Legal Issues

  1. 1 ['Whether certain imputations pleaded in the Statement of Claim are capable of being conveyed by the article' 'Whether the pleaded imputations are so substantially similar as to require the plaintiff to elect between them']

Ratio Decidendi

The Court found that imputations (a) and (b) in specified paragraphs should be struck out, as imputation (a) as reformulated and imputation (c) are not so substantially similar as to require election at this stage, and imputation (f) is capable of being conveyed as per the high strike out threshold in defamation cases.

Court Disposition

Imputations (a) and (b) struck out; amendment directed; matter stood over for directions; no order as to costs.

Orders

  • ['Order that imputations (a) and (b) in paragraphs 3, 5, 7 and 9 of the Statement of Claim be struck out.' 'Direct the Plaintiff to file and serve an Amended Statement of Claim on or before 18 February 2014.' 'The proceedings are stood over to 25 February 2014 at 9:00am before the Registrar for directions.' 'No...