OBEID v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 563

OBEID v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 563

Imputations 9(a), (b), (c), (d) and (e) are proper in form, different in substance, capable of being carried by the article, and may be defamatory; imputation 9(f) is struck out as it does not differ in substance as required by the rules; and imputation 9(g) is incapable of being carried by the matter complained of and is dismissed.

Parties
Plaintiff: Edward Obeid; Defendant: John Fairfax Publications Pty Ltd (ACN 003 357 720)
Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Defamation / Interlocutory Determination of Capacity and Form of Imputations
Outcome
Partial success for plaintiff; partial success for defendant
Legal Topics
Imputations, Capacity to Defame, Pleading Requirements, Difference in Substance, Form of Imputations
Defamation Imputations Capacity to Defame Pleading Requirements Difference in Substance Form of Imputations

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Edward Obeid

Plaintiff

John Fairfax Publications Pty Ltd (ACN 003 357 720)

Defendant

Procedural Posture

Defamation / Interlocutory Determination of Capacity and Form of Imputations

Legal Issues

  1. 1 Whether the pleaded imputations are proper in form
  2. 2 Whether the imputations are different in substance as required by the rules
  3. 3 Whether the matter complained of is capable of carrying the pleaded imputations

Ratio Decidendi

Imputations 9(a), (b), (c), (d) and (e) are proper in form, different in substance, capable of being carried by the article, and may be defamatory; imputation 9(f) is struck out as it does not differ in substance as required by the rules; and imputation 9(g) is incapable of being carried by the matter complained of and is dismissed.

Court Disposition

Partial success for plaintiff; partial success for defendant

Orders

  • Imputations 9(a), (b), (c), (d) and (e) are held as proper in form, different in substance, capable of being carried by the matter complained of and capable of being defamatory.
  • Imputation 9(f) is struck out without leave to amend.