Alex v Gridneff [2013] NSWSC 2025

Alex v Gridneff [2013] NSWSC 2025

The pleaded imputation is bad in form because it merely identifies a possibility without specifying any act or condition attributed to the plaintiff, failing the requirements of clarity and specificity in defamation pleadings and impeding fair trial of issues.

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Defamation / Interlocutory Application
Outcome
Plaintiff's imputation struck out with leave to replead; plaintiff to pay second defendant's costs
Legal Topics
['pleading Requirements' 'form of Imputation' 'suspicion Imputations']
['defamation'] ['pleading Requirements' 'form of Imputation' 'suspicion Imputations']

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Procedural Posture

Defamation / Interlocutory Application

Legal Issues

  1. 1 ["Whether an imputation expressed as 'a possibility' satisfies the requirements for pleading in defamation" 'Whether the pleaded imputation attributes an act or condition to the plaintiff capable of being defamatory']

Ratio Decidendi

The pleaded imputation is bad in form because it merely identifies a possibility without specifying any act or condition attributed to the plaintiff, failing the requirements of clarity and specificity in defamation pleadings and impeding fair trial of issues.

Court Disposition

Plaintiff's imputation struck out with leave to replead; plaintiff to pay second defendant's costs

Orders

  • ["Plaintiff's imputation struck out with leave to replead" "Plaintiff to pay second defendant's costs of the application"]