Ferrier v Jones [2001] NSWSC 738

Ferrier v Jones [2001] NSWSC 738

The Court held that certain pleaded imputations in respect of specific broadcast segments were legally capable of arising and should go to the jury, subject to amendment for clarity and provision of proper particulars pursuant to Pt67 r12(1)(d). Other imputations were struck out as vague, ambiguous, or not capable of arising; references to tone should be omitted unless specifically pleaded as irony. Plaintiff was ordered to amend pleadings and supply statutory particulars of identification for certain schedules; costs awarded 60% to defendants.

Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Defamation / Interlocutory Determination on Pleadings and Particulars
Outcome
Interlocutory orders on pleadings; leave to amend certain imputations; supply particulars; costs order in favour of defendants
Legal Topics
['capacity and Form of Imputations' 'identification' 'group Defamation' 'radio Broadcast Defamation' 'particulars of Identification' 'pleading Requirements']
['defamation'] ['capacity and Form of Imputations' 'identification' 'group Defamation' 'radio Broadcast Defamation' 'particulars of Identification' 'pleading Requirements']

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Procedural Posture

Defamation / Interlocutory Determination on Pleadings and Particulars

Legal Issues

  1. 1 ['Whether each publication pleaded is capable of giving rise to the claimed imputations' 'Whether plaintiff has met requirements for particulars of identification under Pt67 r12(1)(d)' "Whether broadcast content is 'of and concerning' the plaintiff, especially regarding group defamation and references to firm vs individual" 'Whether certain pleaded imputations are sustainable as a matter of law']

Ratio Decidendi

The Court held that certain pleaded imputations in respect of specific broadcast segments were legally capable of arising and should go to the jury, subject to amendment for clarity and provision of proper particulars pursuant to Pt67 r12(1)(d). Other imputations were struck out as vague, ambiguous, or not capable of arising; references to tone should be omitted unless specifically pleaded as irony. Plaintiff was ordered to amend pleadings and supply statutory particulars of identification for certain schedules; costs awarded 60% to defendants.

Court Disposition

Interlocutory orders on pleadings; leave to amend certain imputations; supply particulars; costs order in favour of defendants

Orders

  • ['Plaintiff has liberty to amend schedules and pleadings' 'References to tone to be omitted from specified paragraphs' 'Plaintiff to provide defendants with particulars in accordance with Pt67 r12(1)(d) for Schedules B, C, F, G, H within 28 days' 'Leave to amend and strike in imputation 4(a) (Schedule A), others...