Bolten v Stoltenberg [2016] NSWSC 596

Bolten v Stoltenberg [2016] NSWSC 596

Imputations using 'Captain's Call' and 'corruptly' are sufficiently precise to go to the jury; duplication of pleadings is permissible provided there is no double recovery of damages; imputations relying on the term 'Fine Cotton ring-in' and unsupported allegations are struck out for lack of precision or inability to arise.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Defamation / Ruling on Objections to Pleadings
Outcome
Parties directed to bring in short minutes to reflect rulings on pleadings given in the judgment; some objections upheld; some imputations struck out; others allowed to proceed to the jury.
Legal Topics
['pleadings' 'imputations' 'precision of Pleading' 'duplication of Imputations']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'precision of Pleading' 'duplication of Imputations']

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 / Ruling on Objections to Pleadings

Legal Issues

  1. 1 ['Whether certain imputations pleaded in defamation proceedings are sufficiently precise to be allowed to go to the jury' "Whether the plaintiff's pleadings improperly duplicate imputations by pleading the same publication as separate publications in different forms" "Whether certain terms (e.g., 'Captain's Call', 'Fine Cotton ring-in', 'corruptly') are capable of giving rise to imputations and are sufficiently precise in context"]

Ratio Decidendi

Imputations using 'Captain's Call' and 'corruptly' are sufficiently precise to go to the jury; duplication of pleadings is permissible provided there is no double recovery of damages; imputations relying on the term 'Fine Cotton ring-in' and unsupported allegations are struck out for lack of precision or inability to arise.

Court Disposition

Parties directed to bring in short minutes to reflect rulings on pleadings given in the judgment; some objections upheld; some imputations struck out; others allowed to proceed to the jury.

Orders

  • ["Parties to bring in short minutes reflecting the Court's rulings on the pleadings." 'Imputations 5(a), (b), and (c) allowed to go to the jury.' 'Imputation 5(c) allowed to stand.' "Objection to 'Captain's Call' imputation withdrawn." "Imputation using 'Fine Cotton ring-in' is struck out." "Imputation 7(c) in...