Bitel & Ors v Ruddock & Anor [2001] NSWSC 43

Bitel & Ors v Ruddock & Anor [2001] NSWSC 43

The Court held that the imputations pleaded in paragraph 6 of the Amended Statement of Claim in respect of knowledge, acquiescence, and participation by the plaintiffs are not capable, as a matter of law, of being conveyed by the broadcast in its natural and ordinary meaning and must be struck out. Similarly, imputations 5(c), (e), and (f) were incapable or defective for various legal reasons and will be struck out or a verdict entered for the defendant. The remaining imputations (5(a), (b), and (d)) are capable of being conveyed and will go to the jury. The plaintiffs are granted leave to re-plead and provide further particulars.

Jurisdiction
Australia
Judgment Date
09 February 2001
Procedural Posture
Defamation / Interlocutory (ruling on Pleadings and Imputations/particulars)
Outcome
Imputations 5(a), (b), and (d) are to go to the jury; imputations 5(c) and (e) are struck out with leave to re-plead; verdict for first defendant in respect of 5(f) and all of 6(a)-(f); plaintiffs to provide further particulars of identification; first defendant to pay plaintiffs' costs of the hearing; leave to...
Legal Topics
['imputations' 'pleadings' 'particulars' 'capacity of Defamatory Meaning' 'identification in Defamation' 'striking Out Pleadings']
['defamation'] ['imputations' 'pleadings' 'particulars' 'capacity of Defamatory Meaning' 'identification in Defamation' 'striking Out Pleadings']

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Procedural Posture

Defamation / Interlocutory (ruling on Pleadings and Imputations/particulars)

Legal Issues

  1. 1 ['Whether certain pleaded imputations are capable, as a matter of law, of being conveyed by the broadcast publication' 'Whether particulars of identification pleaded are sufficient' 'Whether certain imputations should be struck out as incapable of being defamatory in the natural and ordinary meaning']

Ratio Decidendi

The Court held that the imputations pleaded in paragraph 6 of the Amended Statement of Claim in respect of knowledge, acquiescence, and participation by the plaintiffs are not capable, as a matter of law, of being conveyed by the broadcast in its natural and ordinary meaning and must be struck out. Similarly, imputations 5(c), (e), and (f) were incapable or defective for various legal reasons and will be struck out or a verdict entered for the defendant. The remaining imputations (5(a), (b), and (d)) are capable of being conveyed and will go to the jury. The plaintiffs are granted leave to re-plead and provide further particulars.

Court Disposition

Imputations 5(a), (b), and (d) are to go to the jury; imputations 5(c) and (e) are struck out with leave to re-plead; verdict for first defendant in respect of 5(f) and all of 6(a)-(f); plaintiffs to provide further particulars of identification; first defendant to pay plaintiffs' costs of the hearing; leave to...

Orders

  • ['Verdict for first defendant in respect of causes of action pleaded as natural and ordinary meaning in paragraphs 5(f) and 6(a) to 6(f) of Amended Statement of Claim.' 'Imputations 5(a), (b) and (d) are capable of being carried, capable of being defamatory, and will go to the jury.' 'Imputations 5(c) and (e) are...