Rowe v Smith [2016] NSWSC 104

The plaintiff must plead the whole of each letter as the relevant matter complained of, as omitted parts are reasonably capable of informing the reader's understanding and may convey additional imputations contextual for the defence.

Jurisdiction: Australia
Judgment Date: 05 February 2016
Procedural Posture: Defamation / Preliminary Procedural Hearing
Outcome: Plaintiff given leave to file an amended statement of claim
Legal Topics: ['pleading' 'publication' 'imputations']

['defamation'] ['pleading' 'publication' 'imputations']

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Procedural Posture

Defamation / Preliminary Procedural Hearing

Legal Issues

1 ['Whether permissible to plead only part of a whole letter as the matter complained of in a defamation claim' "Whether omitted parts of publication are capable of informing the reader's understanding or conveying additional defamatory imputations" 'Proper formulation of imputations in pleadings']

Ratio Decidendi

Court Disposition

Plaintiff given leave to file an amended statement of claim

Orders

["Plaintiff has leave to file an amended statement of claim in accordance with the Court's rulings." "Plaintiff to pay the defendant's costs of the argument."]