Cowper v Australian Broadcasting Corporation [2015] NSWSC 1001

Cowper v Australian Broadcasting Corporation [2015] NSWSC 1001

Imputations must be pleaded with precision and only those capable of being conveyed by the matter complained of will proceed to the jury; imputations that do not differ in substance are fall-back or alternate pleadings and may be struck out or ordered to be re-pleaded.

Parties
Plaintiff: Graeme Cowper; First Defendant: Australian Broadcasting Corporation; Second Defendant: Matthew Peacock
Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Defamation / Rulings on Pleadings/objections to Imputations
Outcome
Rulings made on objections to imputations; some imputations allowed to proceed, others struck out or ordered to be fall-back pleadings; leave given to re-plead certain imputations.
Legal Topics
Precision in Pleading, Imputations, Capacity to Convey Meaning
Defamation Precision in Pleading Imputations Capacity to Convey Meaning

Case Brief

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Parties

Graeme Cowper

Plaintiff

Australian Broadcasting Corporation

First Defendant

Matthew Peacock

Second Defendant

Procedural Posture

Defamation / Rulings on Pleadings/objections to Imputations

Legal Issues

  1. 1 Whether the pleaded imputations are capable of being conveyed by the broadcast
  2. 2 Whether certain imputations differ in substance or are duplicative
  3. 3 Requirement of precision in pleading imputations

Ratio Decidendi

Imputations must be pleaded with precision and only those capable of being conveyed by the matter complained of will proceed to the jury; imputations that do not differ in substance are fall-back or alternate pleadings and may be struck out or ordered to be re-pleaded.

Court Disposition

Rulings made on objections to imputations; some imputations allowed to proceed, others struck out or ordered to be fall-back pleadings; leave given to re-plead certain imputations.

Orders

  • Imputation 4(a) will go to the jury.
  • Imputation (c) to be relied upon only as a fall-back to (g).