McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation [2018] NSWSC 341

McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation [2018] NSWSC 341

Imputation 6(a) is not impermissibly rolled up; the publication attributes to the plaintiff a composite characteristic adequately expressed by the descriptors used. The imputation is not embarrassing or liable to be struck out on the grounds stated. Imputation 6(e) is reasonably capable of arising from the matter complained of.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Defamation / First Listing; Application to Strike Out Imputations
Outcome
Application to strike out imputation 6(a) refused; imputation 6(e) ruled to be capable of arising from the matter complained of.
Legal Topics
['imputation Striking Out' 'rolled Up/composite Imputations' 'pleadings']
['defamation' 'procedure'] ['imputation Striking Out' 'rolled Up/composite Imputations' 'pleadings']

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Procedural Posture

Defamation / First Listing; Application to Strike Out Imputations

Legal Issues

  1. 1 ["Whether certain imputations are impermissibly 'rolled up' or composite and liable to be struck out" 'Whether imputation 6(a) is embarrassing or contrary to Uniform Civil Procedure Rules 2005 (NSW) r 14.28' 'Capacity of matter complained of to convey imputation 6(e)']

Ratio Decidendi

Imputation 6(a) is not impermissibly rolled up; the publication attributes to the plaintiff a composite characteristic adequately expressed by the descriptors used. The imputation is not embarrassing or liable to be struck out on the grounds stated. Imputation 6(e) is reasonably capable of arising from the matter complained of.

Court Disposition

Application to strike out imputation 6(a) refused; imputation 6(e) ruled to be capable of arising from the matter complained of.

Orders

  • ['Application to strike out imputation 6(a) refused.' 'Imputation 6(e) ruled to be capable of arising from the matter complained of.']