JAMOO v NATIONWIDE NEWS PTY LTD [2002] NSWSC 1062

JAMOO v NATIONWIDE NEWS PTY LTD [2002] NSWSC 1062

As a matter of law, all pleaded imputations are capable of being carried by the article complained of and cannot be dismissed as strained, unreasonable, or unavailable for consideration by the tribunal of fact.

Source-derived case information.

Parties
Plaintiff: George Jamoo; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
04 November 2002
Procedural Posture
Defamation / Pre Trial Determination of Capacity of Imputations
Outcome
All imputations capable as a matter of law; directions for jury trial and defence filing
Legal Topics
Imputations, Capacity, Corporate Collapse, Preference Payments
Defamation Imputations Capacity Corporate Collapse Preference Payments

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Parties

George Jamoo

Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Defamation / Pre Trial Determination of Capacity of Imputations

Legal Issues

  1. 1 Whether the article published is capable of carrying the pleaded imputations as a matter of law

Ratio Decidendi

As a matter of law, all pleaded imputations are capable of being carried by the article complained of and cannot be dismissed as strained, unreasonable, or unavailable for consideration by the tribunal of fact.

Court Disposition

All imputations capable as a matter of law; directions for jury trial and defence filing

Orders

  • Defendant directed within 14 days to file a defence in relation to issues to be tried by jury under section 7A of the Defamation Act 1974.
  • Trial by jury of issues joined by parties directed pursuant to section 7A of the Defamation Act 1974 and SCR Pt 31 r 2.