Waterhouse v Nationwide News Pty Ltd [2001] NSWSC 723

Waterhouse v Nationwide News Pty Ltd [2001] NSWSC 723

The pleaded imputations (except for some that were withdrawn or struck out as duplicative) were held to be capable of being conveyed in the natural and ordinary meaning or by way of true innuendo, having regard to the passages in the publication that referred to the plaintiff and the connection with her husband, Robbie Waterhouse. Amendments to the pleadings were permitted to allow for greater clarity and reliance on extrinsic facts.

Parties
Plaintiff: Gai Waterhouse; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
27 August 2001
Procedural Posture
Defamation (civil) / Interlocutory Ruling on Pleadings (imputations)
Outcome
Most imputations permitted to proceed; some struck out or withdrawn
Legal Topics
Imputations, Capacity to Convey Defamatory Meaning, Pleadings Amendment
Defamation Tort Imputations Capacity to Convey Defamatory Meaning Pleadings Amendment

Case Brief

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Parties

Gai Waterhouse

Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Defamation (civil) / Interlocutory Ruling on Pleadings (imputations)

Legal Issues

  1. 1 Whether the pleaded imputations are capable of being conveyed by the publication
  2. 2 Whether certain imputations should be struck out as incapable of arising or as duplicative
  3. 3 Whether amendments to the statement of claim should be permitted

Ratio Decidendi

The pleaded imputations (except for some that were withdrawn or struck out as duplicative) were held to be capable of being conveyed in the natural and ordinary meaning or by way of true innuendo, having regard to the passages in the publication that referred to the plaintiff and the connection with her husband, Robbie Waterhouse. Amendments to the pleadings were permitted to allow for greater clarity and reliance on extrinsic facts.

Court Disposition

Most imputations permitted to proceed; some struck out or withdrawn

Orders

  • Imputation (a): Allowed as amended to 'The Plaintiff is dishonest as a racehorse trainer'.
  • Imputation (b): Allowed.