Day v Harness Racing New South Wales [2015] NSWSC 836

Day v Harness Racing New South Wales [2015] NSWSC 836

There is room for argument on whether the media releases convey guilt or suspicion and, on balance, the pleaded imputations should go to the jury; objections as to capacity and substance of imputations are rejected.

Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Defamation / Ruling on Objections to Pleadings
Outcome
Objections to capacity and substance of pleaded imputations rejected.
Legal Topics
['pleadings' 'rulings on Imputations' 'capacity' 'requirement That Imputations Differ in Substance']
['defamation'] ['pleadings' 'rulings on Imputations' 'capacity' 'requirement That Imputations Differ in Substance']

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Procedural Posture

Defamation / Ruling on Objections to Pleadings

Legal Issues

  1. 1 ['Whether the pleaded imputations have capacity to be taken as imputations of guilt or suspicion.' 'Whether imputations (b) and (c) differ in substance as required by r 14.30 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Adequacy of pleading republications as separate causes of action.']

Ratio Decidendi

There is room for argument on whether the media releases convey guilt or suspicion and, on balance, the pleaded imputations should go to the jury; objections as to capacity and substance of imputations are rejected.

Court Disposition

Objections to capacity and substance of pleaded imputations rejected.

Orders

  • ['The plaintiffs are permitted to rely on all pleaded imputations and are not put to an election between imputations (b) and (c).' 'No ruling required regarding pleading of republications.']