Cowper v Fairfax Media Publications Pty Limited [2015] NSWSC 1000

Cowper v Fairfax Media Publications Pty Limited [2015] NSWSC 1000

The pleaded inference of republication by Ms Quinn was sufficiently supported by the particulars and should not be struck out. The phrase 'was obliged to' was not ambiguous and meant that NAB effectively had no choice in the circumstances. Imputation 7(f) was confusing and no leave to re-plead it was presently warranted. The forgery and document-manipulation imputations in the relevant articles were capable of being conveyed and should be left to the jury. Imputations 9 and 11(e) and (f) carried the same sting and required election or re-pleading, while imputation 9 and 11(h) differed because it alleged the catastrophic consequence that Veronica Coulston nearly lost her home.

Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Defamation Proceedings / First Listing; Procedural Rulings on Defendants' Objections to the Form of the Pleading and Imputations
Outcome
Defendants' objections were upheld in part and rejected in part; parties were directed to bring in short minutes to give effect to the rulings.
Legal Topics
['pleadings' 'republication Going to Damages' 'imputations' 'capacity' 'precision in Pleading' 'imputations Differing in Substance']
['defamation' 'civil Procedure'] ['pleadings' 'republication Going to Damages' 'imputations' 'capacity' 'precision in Pleading' 'imputations Differing in Substance']

Case Brief

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Procedural Posture

Defamation Proceedings / First Listing; Procedural Rulings on Defendants' Objections to the Form of the Pleading and Imputations

Legal Issues

  1. 1 ['Whether the plaintiff could plead and rely on an inferred republication by Ms Quinn of the sense and substance of an email exchange to other persons within AMP.' 'Whether imputation 7(e) was ambiguous or imprecise because it alleged that NAB was obliged to compensate clients.' 'Whether imputation 7(f) was confusing and should be permitted to be re-pleaded.' 'Whether imputations alleging forgery or manipulation of documents were reasonably capable of being conveyed by the relevant articles.' 'Whether certain imputations concerning inappropriate financial advice to Veronica Coulston differed in substance.']

Ratio Decidendi

The pleaded inference of republication by Ms Quinn was sufficiently supported by the particulars and should not be struck out. The phrase 'was obliged to' was not ambiguous and meant that NAB effectively had no choice in the circumstances. Imputation 7(f) was confusing and no leave to re-plead it was presently warranted. The forgery and document-manipulation imputations in the relevant articles were capable of being conveyed and should be left to the jury. Imputations 9 and 11(e) and (f) carried the same sting and required election or re-pleading, while imputation 9 and 11(h) differed because it alleged the catastrophic consequence that Veronica Coulston nearly lost her home.

Court Disposition

Defendants' objections were upheld in part and rejected in part; parties were directed to bring in short minutes to give effect to the rulings.

Orders

  • ['The averment of republication by Ms Quinn of the sense and substance of the email exchange was not struck from the pleading.' "Imputation 7(d) would be relied upon only as a fall-back to imputation 7(e), in accordance with the plaintiff's concession." 'The objection to imputation 7(e) based on ambiguity or...