Hoffman v Challis [2016] NSWSC 142

Hoffman v Challis [2016] NSWSC 142

Some objections to the form of the pleaded imputations (such as 11(d)) are upheld as embarrassing and liable to be struck out; others (such as duplicity between certain imputations) are rejected where the imputations differ in substance. The ruling provides that some imputations may only be relied on in the alternative, and confirms that certain imputations are properly open on the material and should proceed to the tribunal of fact.

Parties
Plaintiff: David Hoffman; Defendant: Darren George Challis
Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Defamation / Rulings on Imputations; Preliminary/procedural Ruling
Outcome
Rulings made on imputations; some objections upheld, others rejected; orders made in accordance with short minutes of order handed up by Mr White.
Legal Topics
Imputations, Pleadings, Capacity, Form of Imputation
Defamation Imputations Pleadings Capacity Form of Imputation

Case Brief

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Parties

David Hoffman

Plaintiff

Darren George Challis

Defendant

Procedural Posture

Defamation / Rulings on Imputations; Preliminary/procedural Ruling

Legal Issues

  1. 1 Whether the pleaded imputations are proper in form or capable of arising from the matters complained of
  2. 2 Whether specific imputations differ in substance or are alternatives

Ratio Decidendi

Some objections to the form of the pleaded imputations (such as 11(d)) are upheld as embarrassing and liable to be struck out; others (such as duplicity between certain imputations) are rejected where the imputations differ in substance. The ruling provides that some imputations may only be relied on in the alternative, and confirms that certain imputations are properly open on the material and should proceed to the tribunal of fact.

Court Disposition

Rulings made on imputations; some objections upheld, others rejected; orders made in accordance with short minutes of order handed up by Mr White.

Orders

  • Orders 1 to 10 in the short minutes of order handed up by Mr White.