David Clarke v Melbourne University Publishing Ltd t/a Melbourne University Press [2007] NSWDC 209

David Clarke v Melbourne University Publishing Ltd t/a Melbourne University Press [2007] NSWDC 209

Imputations (a), (d), (e), (f), and (g) are sufficiently precise and capable of being conveyed to warrant consideration by the jury; imputation (b), 'that the plaintiff solicits for prostitutes', is too remote from the pleaded facts and context, and represents an unreasonable or strained interpretation, and is struck out.

Jurisdiction
Australia
Judgment Date
03 October 2007
Procedural Posture
Civil / Interlocutory Application Regarding Defamatory Imputations (pleadings and Procedural Directions)
Outcome
Interlocutory orders regarding what imputations go to jury and costs of application.
Legal Topics
['defamation' 'imputations' 'pleadings' 'form and Capacity']
['tort'] ['defamation' 'imputations' 'pleadings' 'form and Capacity']

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

Civil / Interlocutory Application Regarding Defamatory Imputations (pleadings and Procedural Directions)

Legal Issues

  1. 1 ['Whether certain pleaded defamatory imputations should be allowed to go to the jury or struck out for lack of precision, ambiguity, or capacity to be conveyed.']

Ratio Decidendi

Imputations (a), (d), (e), (f), and (g) are sufficiently precise and capable of being conveyed to warrant consideration by the jury; imputation (b), 'that the plaintiff solicits for prostitutes', is too remote from the pleaded facts and context, and represents an unreasonable or strained interpretation, and is struck out.

Court Disposition

Interlocutory orders regarding what imputations go to jury and costs of application.

Orders

  • ['Imputations (a), (d), (e), (f) and (g) will go to the jury.' 'Imputation (b) is struck out.' "The defendant is to pay half the plaintiff's costs of this application." 'Defence by 12 October 2007.' 'Reply, if any, to be served by 19 October 2007.' 'Discovery with verification by 2 November 2007.' 'Interrogatories...