MacDonald v Australian Broadcasting Corporation [2014] NSWSC 1472

MacDonald v Australian Broadcasting Corporation [2014] NSWSC 1472

The particulars pleaded did not establish that Mr MacDonald personally made millions from corrupt mining deals and are incapable of proving substantial truth for the imputation as drafted, requiring the relevant paragraphs to be struck out. The contextual imputations pleaded by the ABC are reasonably capable of being understood as 'other' imputations under s 26 and are not liable to be struck out.

Parties
Plaintiff: Ian MacDonald; Defendant: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Defamation / Interlocutory Application to Strike Out Parts of Defence
Outcome
Application to strike out parts of the defence allowed in part; parties to bring in short minutes of order within seven days.
Legal Topics
Defences, Justification, Contextual Truth, Imputations
Defamation Defences Justification Contextual Truth Imputations

Case Brief

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Parties

Ian MacDonald

Plaintiff

Australian Broadcasting Corporation

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out Parts of Defence

Legal Issues

  1. 1 Whether the particulars pleaded are capable of proving the substantial truth of the imputation that Mr MacDonald made millions from corrupt mining deals
  2. 2 Whether contextual imputations (g) and (h) pleaded by ABC are capable of meeting the requirements of section 26 of the Defamation Act 2005

Ratio Decidendi

The particulars pleaded did not establish that Mr MacDonald personally made millions from corrupt mining deals and are incapable of proving substantial truth for the imputation as drafted, requiring the relevant paragraphs to be struck out. The contextual imputations pleaded by the ABC are reasonably capable of being understood as 'other' imputations under s 26 and are not liable to be struck out.

Court Disposition

Application to strike out parts of the defence allowed in part; parties to bring in short minutes of order within seven days.

Orders

  • Plaintiff's application to strike out parts of the defence allowed in part.
  • Plaintiff granted a short period to consider pleading alternative imputation.