Alex v Goodsir [2014] NSWDC 72

Alex v Goodsir [2014] NSWDC 72

The matter complained of directly connected allegations of corruption with described conduct, including alleged bribery, organised crime ties, shonky business dealings, ripping off workers, and "corrupt business practices". The imputation was a permissible broad smear and was not so lacking in clarity as to cause confusion at trial; no further refinement of the kind of corruption was required.

Jurisdiction
Australia
Judgment Date
20 June 2014
Procedural Posture
Defamation Proceedings / Interlocutory Application by Defendant to Strike Out Imputation (a)
Outcome
Defendant's application to strike out imputation (a) dismissed.
Legal Topics
['imputations' 'corrupt Conduct' 'pleading Specificity']
['tort' 'defamation'] ['imputations' 'corrupt Conduct' 'pleading Specificity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Interlocutory Application by Defendant to Strike Out Imputation (a)

Legal Issues

  1. 1 ['Whether imputation (a), that the plaintiff is corrupt, was bad in form by reason of the use of the word "corrupt".' 'Whether the plaintiff was required to define the kind of corruption alleged, such as bribery, rather than plead the broad imputation that he is corrupt.']

Ratio Decidendi

The matter complained of directly connected allegations of corruption with described conduct, including alleged bribery, organised crime ties, shonky business dealings, ripping off workers, and "corrupt business practices". The imputation was a permissible broad smear and was not so lacking in clarity as to cause confusion at trial; no further refinement of the kind of corruption was required.

Court Disposition

Defendant's application to strike out imputation (a) dismissed.

Orders

  • ["Defendant's application to strike out imputation (a) is dismissed." "Defendant pay plaintiff's costs of this application." 'Matter stood over to Monday 23 June 2014 at 9:00am before Gibson DCJ.']