Vass v Nationwide News Pty Ltd [2016] NSWSC 1721

Vass v Nationwide News Pty Ltd [2016] NSWSC 1721

Imputations 4(a) to 4(f) are sufficiently precise and capable of being defamatory to go to the jury; imputations (g) to (i), being too vague or evaluative without clear objective reference, are struck out as bad in form.

Parties
Plaintiff: Damien Vass; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Defamation / Rulings on Pleadings/imputations at First Listing
Outcome
Imputations 4(a)-(f) allowed; imputations (g)-(i) struck out.
Legal Topics
Imputations, Pleadings, Form of Imputations, Evaluative Terms in Imputations
Defamation Imputations Pleadings Form of Imputations Evaluative Terms in Imputations

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Parties

Damien Vass

Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Defamation / Rulings on Pleadings/imputations at First Listing

Legal Issues

  1. 1 Whether various pleaded imputations are sufficiently precise and capable of being defamatory
  2. 2 Form and capacity of imputations
  3. 3 Use of evaluative terms such as unsuitability and disreputability

Ratio Decidendi

Imputations 4(a) to 4(f) are sufficiently precise and capable of being defamatory to go to the jury; imputations (g) to (i), being too vague or evaluative without clear objective reference, are struck out as bad in form.

Court Disposition

Imputations 4(a)-(f) allowed; imputations (g)-(i) struck out.

Orders

  • Imputations 4(a)-(f) to stand/go to the jury
  • Imputations (g)-(i) struck out