Brown v Random House Australia Pty Ltd [2014] NSWSC 1505

Brown v Random House Australia Pty Ltd [2014] NSWSC 1505

All imputations specified by the plaintiff are reasonably capable of being conveyed by the publication in question, based on the established high standard for striking out imputations on incapacity grounds.

Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Interlocutory Application / Ruling on Capacity of Imputations in Defamation Proceedings
Outcome
Plaintiff's imputations ruled to be capable of arising
Legal Topics
['imputations' 'capacity of Defamatory Meaning' 'pleading of Imputations']
['defamation'] ['imputations' 'capacity of Defamatory Meaning' 'pleading of Imputations']

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Procedural Posture

Interlocutory Application / Ruling on Capacity of Imputations in Defamation Proceedings

Legal Issues

  1. 1 ['Whether the defamatory imputations pleaded by the plaintiff are reasonably capable of arising from the publication']

Ratio Decidendi

All imputations specified by the plaintiff are reasonably capable of being conveyed by the publication in question, based on the established high standard for striking out imputations on incapacity grounds.

Court Disposition

Plaintiff's imputations ruled to be capable of arising

Orders

  • ['Each of the imputations specified by the plaintiff is reasonably capable of being conveyed' 'Leave granted to plaintiff to plead an alternative imputation']