Kenny v Australian Broadcasting Corporation [2014] NSWSC 190

Kenny v Australian Broadcasting Corporation [2014] NSWSC 190

Imputation (a) was struck out because, given the clearly comedic context and the obviously concocted images, the reasonable viewer could not believe the literal imputation that the plaintiff had sexual intercourse with a dog. Imputation (b), redrafted to remove the word 'low,' was allowed to stand as the segment was capable of conveying to a reasonable viewer that the plaintiff was a contemptible and disgusting person. Imputation (c) required refinement: the words 'and portrayed as' were struck out, but an alternative imputation regarding whether the plaintiff's attacks on the ABC warranted the ridicule was permitted to be pleaded.

Jurisdiction
Australia
Judgment Date
06 March 2014
Procedural Posture
Interlocutory Application / Strike Out Application of Pleadings
Outcome
Application granted in part; certain imputations struck out with leave to amend
Legal Topics
['imputations' 'ridicule' 'strike Out Application' 'capacity to Convey Defamatory Meaning']
['defamation'] ['imputations' 'ridicule' 'strike Out Application' 'capacity to Convey Defamatory Meaning']

Case Brief

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Procedural Posture

Interlocutory Application / Strike Out Application of Pleadings

Legal Issues

  1. 1 ['Whether the pleaded imputations are capable of arising from the broadcast' 'Whether the segment is capable of conveying defamatory meaning as alleged' 'Whether general or ridicule imputations are sufficiently precise to be pleaded']

Ratio Decidendi

Imputation (a) was struck out because, given the clearly comedic context and the obviously concocted images, the reasonable viewer could not believe the literal imputation that the plaintiff had sexual intercourse with a dog. Imputation (b), redrafted to remove the word 'low,' was allowed to stand as the segment was capable of conveying to a reasonable viewer that the plaintiff was a contemptible and disgusting person. Imputation (c) required refinement: the words 'and portrayed as' were struck out, but an alternative imputation regarding whether the plaintiff's attacks on the ABC warranted the ridicule was permitted to be pleaded.

Court Disposition

Application granted in part; certain imputations struck out with leave to amend

Orders

  • ['Imputation (a) in the statement of claim be struck out.' "The words 'and portrayed as' in imputation (c) be struck out." 'The plaintiff be granted leave to file and serve an amended statement of claim including an alternative to imputation (c) in a manner consistent with this judgment.' 'The plaintiff file and...