David Stewart Briggs v Michael Reid & Another [2000] NSWSC 496

David Stewart Briggs v Michael Reid & Another [2000] NSWSC 496

The pleadings of imputations 4(a), 6(a), 4(b), and 6(b) are struck out as they either improperly combine multiple imputations or lack sufficient precision. The plaintiff is granted leave to re-plead these imputations with greater clarity and specificity.

Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Defamation Proceedings / Application to Strike Out Imputations in Statement of Claim
Outcome
Imputations 4(a), 6(a), 4(b), and 6(b) struck out with leave to re-plead; costs to defendants.
Legal Topics
['imputations' 'capacity to Convey Imputation' 'objection to Form of Imputation']
['defamation'] ['imputations' 'capacity to Convey Imputation' 'objection to Form of Imputation']

Case Brief

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Procedural Posture

Defamation Proceedings / Application to Strike Out Imputations in Statement of Claim

Legal Issues

  1. 1 ["Whether the pleaded imputations are defective as to form for 'rolling up' multiple imputations" 'Whether the matter complained of is reasonably capable of conveying the alleged imputations' "Whether the term 'improper conduct' is too imprecise and ambiguous in the pleaded imputations"]

Ratio Decidendi

The pleadings of imputations 4(a), 6(a), 4(b), and 6(b) are struck out as they either improperly combine multiple imputations or lack sufficient precision. The plaintiff is granted leave to re-plead these imputations with greater clarity and specificity.

Court Disposition

Imputations 4(a), 6(a), 4(b), and 6(b) struck out with leave to re-plead; costs to defendants.

Orders

  • ['Imputations 4(a) and 6(a) are struck out.' 'Plaintiff granted leave to re-plead imputations 4(a) and 6(a).' 'Imputations 4(b) and 6(b) are struck out.' 'Plaintiff granted leave to re-plead imputations 4(b) and 6(b).' 'Matter stood over to the defamation list on 7 July 2000 for further directions.' "Plaintiff to...