Rakhimov v John Fairfax Publications Pty Limited & Anor [2001] NSWSC 11

Rakhimov v John Fairfax Publications Pty Limited & Anor [2001] NSWSC 11

Certain imputations as pleaded were bad for form or duplicative and should be struck out with leave to re-plead, whereas separate pleading of the articles was not improper or vexatious. Imputations 5(a), 5(b), 5(d)-(g); 7(a)-(c), 7(e), 7(g)-(j); and 9(c) were struck out with leave to re-plead. Paragraph 3 of the Further Amended Statement of Claim was struck out with leave to amend. The plaintiff was ordered to pay two-thirds of the defendants' costs.

Jurisdiction
Australia
Judgment Date
25 January 2001
Procedural Posture
Defamation / Interlocutory Judgment on Form and Capacity of Imputations (pleading Objections)
Outcome
Imputations and pleadings struck out in part; leave to re-plead; costs order against plaintiff.
Legal Topics
['imputations' 'pleading' 'striking Out' 'separate Publications' 're Publication' 'capacity' 'form' 'defamation Act 1974']
['defamation'] ['imputations' 'pleading' 'striking Out' 'separate Publications' 're Publication' 'capacity' 'form' 'defamation Act 1974']

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Procedural Posture

Defamation / Interlocutory Judgment on Form and Capacity of Imputations (pleading Objections)

Legal Issues

  1. 1 ['Whether particular pleaded imputations in defamation proceedings are bad for form, uncertainty, or duplicity;' 'Whether multiple articles in one newspaper, containing overlapping imputations, may be pleaded separately;' 'Whether the second defendant (Jennings) can be liable as publisher on the pleadings.']

Ratio Decidendi

Certain imputations as pleaded were bad for form or duplicative and should be struck out with leave to re-plead, whereas separate pleading of the articles was not improper or vexatious. Imputations 5(a), 5(b), 5(d)-(g); 7(a)-(c), 7(e), 7(g)-(j); and 9(c) were struck out with leave to re-plead. Paragraph 3 of the Further Amended Statement of Claim was struck out with leave to amend. The plaintiff was ordered to pay two-thirds of the defendants' costs.

Court Disposition

Imputations and pleadings struck out in part; leave to re-plead; costs order against plaintiff.

Orders

  • ['Imputations 5(a) and (b) are struck out with leave to re-plead.' 'Imputation 5(c) and 5(h) will go to the jury.' 'Imputations 5(d), (e), (f) and (g) are struck out with leave to re-plead.' 'Imputations 7(a), (b) and (c) are struck out with leave to re-plead.' 'Imputation 7(d) will go to the jury.' 'Imputation 7(e)...