Mortimer v Nationwide News Pty Ltd [2000] NSWSC 612

Mortimer v Nationwide News Pty Ltd [2000] NSWSC 612

Imputations 4(a), 4(d), 6(c), 8(a), 8(c), and 8(f) are reasonably capable of being conveyed by the articles complained of and should go to the jury. Imputations 6(d), 8(d), and 8(e) either are not reasonably capable of being conveyed or do not differ in substance from other imputations and are struck out.

Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Defamation / Interlocutory Ruling on the Capacity of Pleaded Imputations to Be Conveyed; Objections for Separate Determination Under Part 31 R 2 Supreme Court Rules 1970
Outcome
Ruling on preliminary objections—some imputations to go to the jury, others struck out
Legal Topics
['imputations' 'capacity to Convey Defamatory Meaning' 'striking Out Pleadings' 'interpretation by Reasonable Reader']
['defamation'] ['imputations' 'capacity to Convey Defamatory Meaning' 'striking Out Pleadings' 'interpretation by Reasonable Reader']

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Procedural Posture

Defamation / Interlocutory Ruling on the Capacity of Pleaded Imputations to Be Conveyed; Objections for Separate Determination Under Part 31 R 2 Supreme Court Rules 1970

Legal Issues

  1. 1 ['Whether specific defamatory imputations pleaded by the plaintiff are reasonably capable of being conveyed by the material complained of.']

Ratio Decidendi

Imputations 4(a), 4(d), 6(c), 8(a), 8(c), and 8(f) are reasonably capable of being conveyed by the articles complained of and should go to the jury. Imputations 6(d), 8(d), and 8(e) either are not reasonably capable of being conveyed or do not differ in substance from other imputations and are struck out.

Court Disposition

Ruling on preliminary objections—some imputations to go to the jury, others struck out

Orders

  • ['Imputation 4(a) will go to the jury.' 'Imputation 4(d) will go to the jury.' 'Imputation 6(c) will go to the jury.' 'Imputation 6(d) is struck out.' 'Imputation 8(a) will go to the jury.' 'Imputation 8(c) will go to the jury.' 'Imputation 8(d) is struck out.' 'Imputation 8(e) is struck out.' 'Imputation 8(f) will...