Eardley v Nine Network Australia Pty Ltd [2017] NSWSC 1244

Eardley v Nine Network Australia Pty Ltd [2017] NSWSC 1244

Imputations (a) and (b), in their present form, would be understood to mean that the plaintiff was the only person responsible for the posts, but the broadcast conveyed that she was one of a number of people alleged to be responsible. They were therefore not reasonably capable of arising as pleaded and were struck out with leave to re-plead.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Defamation Proceedings / Procedural Ruling on Objections to Imputations on Grounds of Capacity
Outcome
Imputations (a) and (b) struck out with leave to re-plead.
Legal Topics
['pleadings' 'imputations' 'capacity' 'strike Out' 'leave to Re Plead']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'capacity' 'strike Out' 'leave to Re Plead']

Case Brief

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Procedural Posture

Defamation Proceedings / Procedural Ruling on Objections to Imputations on Grounds of Capacity

Legal Issues

  1. 1 ['Whether imputations (a) and (b) were reasonably capable of arising from the broadcast.' 'Whether the imputations improperly attributed sole responsibility to the plaintiff when the broadcast referred to a number of police officers.']

Ratio Decidendi

Imputations (a) and (b), in their present form, would be understood to mean that the plaintiff was the only person responsible for the posts, but the broadcast conveyed that she was one of a number of people alleged to be responsible. They were therefore not reasonably capable of arising as pleaded and were struck out with leave to re-plead.

Court Disposition

Imputations (a) and (b) struck out with leave to re-plead.

Orders

  • ['I grant leave to the plaintiff to file an amended statement of claim in accordance with these reasons and prior correspondence between the parties within seven days.' 'I direct the defendant to file and serve the defence within four weeks thereafter.' 'I direct the plaintiff to file and serve any reply within 14...