Bruce v Channel Seven Sydney Pty Ltd [2013] NSWSC 1091

Bruce v Channel Seven Sydney Pty Ltd [2013] NSWSC 1091

Imputations (b) and (l) are incapable of arising from the matter complained of as there is no reasonable connection between the conduct depicted and that attributable to the plaintiff; imputation (m) is struck out for failing to identify any act or condition attributable to the plaintiff; leave is granted to replead imputation (m); proposed imputation (o) will not be allowed in amended pleading as it lacks the necessary precision.

Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Interlocutory Application / Ruling on Objections to Imputations in Amended Statement of Claim
Outcome
Objections upheld in part; certain imputations struck out; leave granted to replead; costs order made.
Legal Topics
['imputations' 'capacity and Form of Imputations' 'strike Out Applications']
['defamation'] ['imputations' 'capacity and Form of Imputations' 'strike Out Applications']

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

Interlocutory Application / Ruling on Objections to Imputations in Amended Statement of Claim

Legal Issues

  1. 1 ['Whether imputations (b), (l), (m) and proposed (o) are capable of arising from the matter complained of' 'Whether imputation (m) identifies any act or condition attributable to the plaintiff' 'Whether leave should be granted to replead certain imputations']

Ratio Decidendi

Imputations (b) and (l) are incapable of arising from the matter complained of as there is no reasonable connection between the conduct depicted and that attributable to the plaintiff; imputation (m) is struck out for failing to identify any act or condition attributable to the plaintiff; leave is granted to replead imputation (m); proposed imputation (o) will not be allowed in amended pleading as it lacks the necessary precision.

Court Disposition

Objections upheld in part; certain imputations struck out; leave granted to replead; costs order made.

Orders

  • ['Imputations (b) and (l) ruled incapable of arising from matter complained of.' 'Imputation (m) struck out with leave to replead within 48 hours.' 'Leave to amend to plead proposed imputation (o) refused.' "Plaintiff to pay the first and third defendants' costs of today."]