Mohammed v Nationwide News Pty Ltd [2016] NSWSC 733
Imputations (a), (b), and (g) are reasonably capable of arising from the matter complained of and should not be struck out, whereas imputation (e) is confusing and unclear and will be struck out with leave to re-plead.
- Jurisdiction
- Australia
- Judgment Date
- 03 June 2016
- Procedural Posture
- Defamation / Ruling on Objections as to Form of Pleadings
- Outcome
- Rulings on objections to form of pleadings; imputation (e) struck out with leave to re-plead; parties directed to bring in short minutes of order.
- Legal Topics
- ['imputations' 'objections to Pleadings' 'capacity of Pleadings']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Defamation / Ruling on Objections as to Form of Pleadings
Legal Issues
- 1 ['Whether pleaded imputations are reasonably capable of arising from the matter complained of' 'Whether pleaded imputations are vague, embarrassing, or unclear']
Ratio Decidendi
Imputations (a), (b), and (g) are reasonably capable of arising from the matter complained of and should not be struck out, whereas imputation (e) is confusing and unclear and will be struck out with leave to re-plead.
Court Disposition
Rulings on objections to form of pleadings; imputation (e) struck out with leave to re-plead; parties directed to bring in short minutes of order.
Orders
- ['Imputation (a) allowed to stand.' 'Imputation (b) allowed to stand.' 'Imputation (g) allowed to stand.' 'Imputation (e) struck out with leave to re-plead.' 'Parties directed to bring in short minutes of order reflecting these rulings.']
Full Case Text
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