Khalil v Fairfax Media Publications Pty Ltd [2017] NSWDC 346

Khalil v Fairfax Media Publications Pty Ltd [2017] NSWDC 346

This is not a clear case suitable for summary dismissal as the pleaded imputations could conceivably be conveyed to an ordinary reasonable reader. However, imputations using 'weasel words' such as 'involved' must be struck out as impermissibly vague. Plaintiffs are granted leave to replead all imputations.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Civil / Interlocutory (application for Summary Dismissal and Challenge to Form of Imputations)
Outcome
Defendant's application for summary dismissal refused; leave to plaintiffs to replead imputations; costs reserved.
Legal Topics
['summary Dismissal' 'imputations (defamation)' 'pleadings' 'weasel Words' 'leave to Replead']
['defamation' 'tort' 'civil Procedure'] ['summary Dismissal' 'imputations (defamation)' 'pleadings' 'weasel Words' 'leave to Replead']

Case Brief

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Procedural Posture

Civil / Interlocutory (application for Summary Dismissal and Challenge to Form of Imputations)

Legal Issues

  1. 1 ['Whether the proceedings should be summarily dismissed as incapable of raising a defamatory imputation against the plaintiffs' "Whether the pleaded imputations are objectionable in form due to use of 'weasel words' such as 'involved'"]

Ratio Decidendi

This is not a clear case suitable for summary dismissal as the pleaded imputations could conceivably be conveyed to an ordinary reasonable reader. However, imputations using 'weasel words' such as 'involved' must be struck out as impermissibly vague. Plaintiffs are granted leave to replead all imputations.

Court Disposition

Defendant's application for summary dismissal refused; leave to plaintiffs to replead imputations; costs reserved.

Orders

  • ["Defendant's application for summary dismissal of the proceedings refused." 'Grant leave to the plaintiffs to replead imputations 3(a) to 3(f).' 'Amended Statement of Claim to be filed and served in 7 days.' 'Costs reserved with liberty to apply.' 'Liberty to the parties to bring in Short Minutes of Order for a...