Eddy Younan & Anor v Nationwide News Pty Ltd & Ors [2012] NSWSC 1528
The claim failed because the plaintiffs were not operators of the boarding house at the relevant time; no ordinary reader with knowledge of pleadings could reasonably identify them as the subject of the defamatory imputations.
- Jurisdiction
- Australia
- Judgment Date
- 12 December 2012
- Procedural Posture
- Interlocutory Application / Decision on Dismissal (identification Issue)
- Outcome
- dismissed
- Legal Topics
- ['identification' 'defamatory Imputations' 'particulars of Identification']
Case Brief
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Procedural Posture
Interlocutory Application / Decision on Dismissal (identification Issue)
Legal Issues
- 1 ['Whether defamatory imputations were about the plaintiffs' 'Whether particulars pleaded were capable of sustaining the claim due to identification']
Ratio Decidendi
The claim failed because the plaintiffs were not operators of the boarding house at the relevant time; no ordinary reader with knowledge of pleadings could reasonably identify them as the subject of the defamatory imputations.
Court Disposition
dismissed
Orders
- ['The proceedings be dismissed.' "The plaintiffs to pay the defendants' costs."]
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