Ramandious v Habashy [2014] NSWDC 237

Ramandious v Habashy [2014] NSWDC 237

Some pleaded imputations were defective as to form, overlap in substance, or were not capable of being conveyed. The court granted leave to amend some imputations, struck out those insufficiently clear or unsupported, and required certain imputations to be pleaded as fall-backs.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Interlocutory Application / Ruling on Form and Capacity of Imputations
Outcome
Leave granted to amend some imputations; others struck out; costs awarded to defendants; plaintiff to file amended statement of claim; directions listed for further management.
Legal Topics
['defamation' 'imputations' 'pleading' 'capacity' 'striking Out' 'form of Pleading']
['tort'] ['defamation' 'imputations' 'pleading' 'capacity' 'striking Out' 'form of Pleading']

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Procedural Posture

Interlocutory Application / Ruling on Form and Capacity of Imputations

Legal Issues

  1. 1 ['Whether pleaded imputations are capable of being conveyed by the publications' 'Whether pleaded imputations are defective as to form or capacity' 'Whether certain imputations should be pleaded as fall-backs']

Ratio Decidendi

Some pleaded imputations were defective as to form, overlap in substance, or were not capable of being conveyed. The court granted leave to amend some imputations, struck out those insufficiently clear or unsupported, and required certain imputations to be pleaded as fall-backs.

Court Disposition

Leave granted to amend some imputations; others struck out; costs awarded to defendants; plaintiff to file amended statement of claim; directions listed for further management.

Orders

  • ["Grant leave to plaintiff to amend imputation 6(b) to replace 'proposes' with 'intends' and hold that an imputation to this effect is capable of being conveyed." 'Imputation 6(c) to be pleaded as a fall-back to imputation 6(a).' 'Imputations 6(d), 6(e), 6(f) struck out.' "In relation to imputation 9(b), grant leave...