MacDonald v Australian Broadcasting Corporation [2014] NSWSC 206

MacDonald v Australian Broadcasting Corporation [2014] NSWSC 206

The imputations pleaded are capable of arising from the material as published. In relation to particulars for publication on the internet, it is incumbent on the plaintiff to provide all facts, matters and circumstances of publication, including identities of persons to be relied on as having viewed the material, per UCPR and the bilateral nature of internet publication.

Parties
Plaintiff: Ian Michael MacDonald; Defendant: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
04 March 2014
Procedural Posture
Interlocutory Application / Ex Tempore Judgment on Interlocutory Applications
Outcome
Application refused in part, granted in part
Legal Topics
Imputations, Internet Publication, Particulars of Publication
Defamation Imputations Internet Publication Particulars of Publication

Case Brief

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Parties

Ian Michael MacDonald

Plaintiff

Australian Broadcasting Corporation

Defendant

Procedural Posture

Interlocutory Application / Ex Tempore Judgment on Interlocutory Applications

Legal Issues

  1. 1 Whether the imputations pleaded are capable of arising from the matters complained of
  2. 2 Whether further particulars are required for publication of internet content

Ratio Decidendi

The imputations pleaded are capable of arising from the material as published. In relation to particulars for publication on the internet, it is incumbent on the plaintiff to provide all facts, matters and circumstances of publication, including identities of persons to be relied on as having viewed the material, per UCPR and the bilateral nature of internet publication.

Court Disposition

Application refused in part, granted in part

Orders

  • Order the plaintiff to file and serve the amended statement of claim with any necessary amendments to Schedules A and B by 11 March 2014.
  • The plaintiff to serve all facts, matters and circumstances of publication of the second matter complained of including the identity of any person he proposes to rely on (other than the plaintiff himself) who viewed the second matter complained of by 11 March 2014.