Ferrier v Jones & Anor [2003] NSWSC 39

Ferrier v Jones & Anor [2003] NSWSC 39

Certain imputations and particulars pleaded did not sufficiently specify facts or satisfy procedural requirements for identification where the plaintiff is unnamed, especially regarding inference from notoriety, and therefore must be struck out or amended; others were permitted or given leave to be amended and further specified.

Parties
Plaintiff: Ian Douglas Ferrier; First Defendant: Alan Jones; Second Defendant: Radio 2UE Sydney Pty Ltd
Jurisdiction
Australia
Judgment Date
21 February 2003
Procedural Posture
Defamation / Interlocutory Ruling on Pleadings and Particulars
Outcome
Orders on pleadings and particulars made; mixed outcome with leave to amend certain pleadings and particulars granted, some struck out, each party to pay their own costs.
Legal Topics
Imputation, Capacity, Identification, Particulars of Identification, Mass Media Publication, Group Defamation, True Innuendo
Defamation Imputation Capacity Identification Particulars of Identification Mass Media Publication Group Defamation True Innuendo

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Parties

Ian Douglas Ferrier

Plaintiff

Alan Jones

First Defendant

Radio 2UE Sydney Pty Ltd

Second Defendant

Procedural Posture

Defamation / Interlocutory Ruling on Pleadings and Particulars

Legal Issues

  1. 1 Whether certain imputations pleaded are sufficiently precise and clear for a defamation action
  2. 2 Whether identification particulars for unnamed plaintiff in media publications comply with rules
  3. 3 Whether mass media notoriety can support identification without specific witness evidence

Ratio Decidendi

Certain imputations and particulars pleaded did not sufficiently specify facts or satisfy procedural requirements for identification where the plaintiff is unnamed, especially regarding inference from notoriety, and therefore must be struck out or amended; others were permitted or given leave to be amended and further specified.

Court Disposition

Orders on pleadings and particulars made; mixed outcome with leave to amend certain pleadings and particulars granted, some struck out, each party to pay their own costs.

Orders

  • Plaintiff has leave to amend imputations 4(b), 8(b), 10(b), 12(b), and 14(b).
  • Imputation 8(c) struck out; plaintiff may replead.