Blake v John Fairfax Publications Limited & Anor [2000] NSWSC 883

Blake v John Fairfax Publications Limited & Anor [2000] NSWSC 883

The language of the publication precisely supported imputations that the plaintiff was convicted of causing actual bodily harm to a twelve year old boy and of possessing a prohibited weapon, and it was also capable of carrying the imputation that the plaintiff was a cruel person in that he inflicted electric shocks on a twelve year old boy. The other pleaded imputations did not differ in substance from that cruelty imputation and were struck out.

Jurisdiction
Australia
Judgment Date
01 September 2000
Procedural Posture
Defamation Proceedings / Interlocutory Determination Concerning Imputations, Capacity, Pleading and Separate Jury Issues
Outcome
Defendants substantially succeeded on their application; imputations (a) and (e) were struck out, imputation (d) was held capable of being carried, and the plaintiff was given leave to amend the statement of claim.
Legal Topics
['imputations' 'capacity' 'pleadings' 'separate Issues for Jury' 'costs']
['defamation' 'civil Procedure'] ['imputations' 'capacity' 'pleadings' 'separate Issues for Jury' 'costs']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Determination Concerning Imputations, Capacity, Pleading and Separate Jury Issues

Legal Issues

  1. 1 ['Whether the pleaded imputations were capable of being carried by the matter complained of.' 'Whether pleaded imputations (a), (d) and (e) differed in substance.' 'Whether imputations (b) and (c) should be reformulated to reflect conviction for the relevant offences.' 'Whether separate issues of fact should be tried by a jury pursuant to Pt 31 r 2.']

Ratio Decidendi

The language of the publication precisely supported imputations that the plaintiff was convicted of causing actual bodily harm to a twelve year old boy and of possessing a prohibited weapon, and it was also capable of carrying the imputation that the plaintiff was a cruel person in that he inflicted electric shocks on a twelve year old boy. The other pleaded imputations did not differ in substance from that cruelty imputation and were struck out.

Court Disposition

Defendants substantially succeeded on their application; imputations (a) and (e) were struck out, imputation (d) was held capable of being carried, and the plaintiff was given leave to amend the statement of claim.

Orders

  • ['Imputations (a) and (e) are struck out as not differing in substance to imputation (d).' 'Imputation (d) is capable of being carried by the matter complained of and differs in substance from imputations (b) and (c) as suggested to be redrawn.' 'The plaintiff has leave to file an amended statement of claim...