Voelte v Australian Broadcasting Corporation [2015] NSWSC 210

Voelte v Australian Broadcasting Corporation [2015] NSWSC 210

The plaintiff's imputations are not liable to be struck out on the grounds of incapacity or imprecision (except for imputation (c) which requires amendment), and, subject to indicated amendments, all except imputation (c) will go to the jury.

Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Defamation / Ruling on Application to Strike Out Imputations and Leave to Amend Statement of Claim
Outcome
Application to strike out plaintiff's imputations refused. Leave granted to amend statement of claim as indicated.
Legal Topics
['imputations' 'objections as to Form' 'capacity to Convey Imputation']
['defamation'] ['imputations' 'objections as to Form' 'capacity to Convey Imputation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Ruling on Application to Strike Out Imputations and Leave to Amend Statement of Claim

Legal Issues

  1. 1 ["Whether the plaintiff's imputations are reasonably capable of being conveyed by the matter complained of" 'Whether the imputations are precise in form and free from objectionable ambiguity']

Ratio Decidendi

The plaintiff's imputations are not liable to be struck out on the grounds of incapacity or imprecision (except for imputation (c) which requires amendment), and, subject to indicated amendments, all except imputation (c) will go to the jury.

Court Disposition

Application to strike out plaintiff's imputations refused. Leave granted to amend statement of claim as indicated.

Orders

  • ['Imputations (a), (b), and (d) will go to the jury if amended as indicated in the judgment.' 'Imputation (c) struck out in its present form; plaintiff has leave to amend or plead as a true innuendo.' 'Plaintiff granted leave to file a further amended statement of claim in accordance with the judgment.']