Fairfax Media Publications Pty Ltd v Alex [2014] NSWCA 273
The imputation pleaded by the respondent was ambiguous and likely to create confusion, as conceded by respondent’s counsel and determined according to the relevant legal principles. It ought to have been struck out as embarrassing, but with liberty to replead. However, the imputation was capable of being conveyed by the article, so the primary judge did not err in that respect.
- Parties
- Applicant: Fairfax Media Publications Pty Ltd; Respondent: George Alex
- Jurisdiction
- Australia
- Judgment Date
- 12 August 2014
- Procedural Posture
- Appeal / Leave to Appeal and Interlocutory Judgment
- Outcome
- Appeal allowed in part
- Legal Topics
- Imputations, Pleadings, Strike Out Applications, Ambiguity in Pleadings, Practice and Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Fairfax Media Publications Pty Ltd
Applicant
George Alex
Respondent
Procedural Posture
Appeal / Leave to Appeal and Interlocutory Judgment
Legal Issues
- 1 Whether the imputation pleaded was ambiguous and should be struck out as embarrassing
- 2 Whether the imputation was capable of being conveyed by the matter complained of
Ratio Decidendi
The imputation pleaded by the respondent was ambiguous and likely to create confusion, as conceded by respondent’s counsel and determined according to the relevant legal principles. It ought to have been struck out as embarrassing, but with liberty to replead. However, the imputation was capable of being conveyed by the article, so the primary judge did not err in that respect.
Court Disposition
Appeal allowed in part
Orders
- Grant leave to appeal.
- Applicant to file a notice of appeal within 7 days.
Full Case Text
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