Eoin Michael O'Neill v Queensland Newspapers Pty Ltd & Ors [2011] NSWSC 1415
It is not appropriate to summarily strike out the Lange defence or contextual imputations on the material before the Court. The legal character of the publication and the capacity for the imputations to be conveyed are for the jury to determine, and the contextual imputations are sufficiently distinct under the statute.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 2011
- Procedural Posture
- Interlocutory Application / Application to Strike Out Defences and Imputations
- Outcome
- Plaintiff's application dismissed
- Legal Topics
- ['qualified Privilege' 'lange Defence' 'contextual Imputations' 'strike Out Application' 'form and Capacity of Imputations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Application to Strike Out Defences and Imputations
Legal Issues
- 1 ['Whether the Lange qualified privilege defence should be struck out' 'Whether specific contextual imputations are bad in form or incapable of being conveyed' "Whether contextual imputations are sufficiently different from plaintiff's imputations under s 26(a) of the Act"]
Ratio Decidendi
It is not appropriate to summarily strike out the Lange defence or contextual imputations on the material before the Court. The legal character of the publication and the capacity for the imputations to be conveyed are for the jury to determine, and the contextual imputations are sufficiently distinct under the statute.
Court Disposition
Plaintiff's application dismissed
Orders
- ["The plaintiff's application be dismissed." "The plaintiff to pay the defendants' costs."]
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