Khalil v Fairfax Media Publications Pty Ltd (No. 2) [2018] NSWDC 40

Khalil v Fairfax Media Publications Pty Ltd (No. 2) [2018] NSWDC 40

The pleaded imputations (3(a)–3(f)) are reasonably capable of being conveyed by the publication when read in context, taking into account the ordinary reasonable reader and the test of 'generosity not parsimony'; specific objections to the form of particular imputations, including the use of words from the publication and their alleged slang nature, are rejected based on established authority.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Civil / Ruling on Form and Capacity of Imputations; Interlocutory Application
Outcome
Imputations 3(a)-3(f) are reasonably capable of being conveyed; challenges to form dismissed or directions given; costs orders made; timetable for further pleadings set.
Legal Topics
['defamation' 'imputations' 'form and Capacity' 'pleading' 'costs']
['tort'] ['defamation' 'imputations' 'form and Capacity' 'pleading' 'costs']

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Procedural Posture

Civil / Ruling on Form and Capacity of Imputations; Interlocutory Application

Legal Issues

  1. 1 ['Whether the pleaded imputations are reasonably capable of being conveyed by the matter complained of' 'Whether the form of the pleaded imputations complies with requirements' 'Whether certain words used in the imputations are permissible']

Ratio Decidendi

The pleaded imputations (3(a)–3(f)) are reasonably capable of being conveyed by the publication when read in context, taking into account the ordinary reasonable reader and the test of 'generosity not parsimony'; specific objections to the form of particular imputations, including the use of words from the publication and their alleged slang nature, are rejected based on established authority.

Court Disposition

Imputations 3(a)-3(f) are reasonably capable of being conveyed; challenges to form dismissed or directions given; costs orders made; timetable for further pleadings set.

Orders

  • ['Imputations 3(a), 3(b), 3(c), 3(d), 3(e) and 3(f) are reasonably capable of being conveyed.' 'Challenges to the form of imputations 3(a) and 3(d) are dismissed.' 'Challenges to the form of imputations 3(b) and 3(e) are dismissed.' 'Leave granted to plaintiff to replead imputations 3(c) and 3(f) with amendment as...