Lawson v Hadley & Anor [1999] NSWSC 813

Lawson v Hadley & Anor [1999] NSWSC 813

Imputations (c) and (e) are incapable as a matter of law of being conveyed by the material complained of; imputation (b) is bad in form, but a properly drawn imputation as to hypocrisy is capable of being conveyed and may be pleaded if properly formulated.

Parties
Plaintiff: Geoffrey Francis Lawson; First Defendant: Ray Hadley; Second Defendant: Radio 2UE Sydney Pty Limited
Jurisdiction
Australia
Judgment Date
09 August 1999
Procedural Posture
Defamation / Preliminary Hearing on Imputations—determination of Capacity as a Matter of Law
Outcome
Application substantially succeeded for the defendant; certain imputations struck out; leave granted to amend statement of claim.
Legal Topics
Imputations, Capacity, Pleading, Form of Imputations, Hypocrisy
Defamation Imputations Capacity Pleading Form of Imputations Hypocrisy

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Parties

Geoffrey Francis Lawson

Plaintiff

Ray Hadley

First Defendant

Radio 2UE Sydney Pty Limited

Second Defendant

Procedural Posture

Defamation / Preliminary Hearing on Imputations—determination of Capacity as a Matter of Law

Legal Issues

  1. 1 Whether the broadcast is capable as a matter of law of conveying alleged imputations (b), (c), and (e)
  2. 2 Whether imputations (c) and (e) are capable of being conveyed by the matter complained of
  3. 3 Whether imputation (b) (hypocrisy) is bad in form but capable of being conveyed if properly pleaded

Ratio Decidendi

Imputations (c) and (e) are incapable as a matter of law of being conveyed by the material complained of; imputation (b) is bad in form, but a properly drawn imputation as to hypocrisy is capable of being conveyed and may be pleaded if properly formulated.

Court Disposition

Application substantially succeeded for the defendant; certain imputations struck out; leave granted to amend statement of claim.

Orders

  • The matter complained of is incapable as a matter of law of conveying imputations (c) and (e).
  • The plaintiff has leave to file an Amended Statement of Claim to replead an imputation in substitution for imputation (c) and to plead an imputation in proper form as to hypocrisy in substitution for imputation (b).