Hochroth v Milecki; Mann v Milecki; Naumburger v Milecki (No 2) [2018] NSWSC 620

Hochroth v Milecki; Mann v Milecki; Naumburger v Milecki (No 2) [2018] NSWSC 620

Although the defendant's objections had some force, the letters contained strong criticism and, read as a whole, were capable of conveying each challenged imputation to the ordinary reasonable reader. Applying the high threshold for striking out imputations as incapable of arising, the challenged imputations had to be left to the jury.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Defamation Proceedings / First Listing; Rulings on Objections to Imputations
Outcome
Each of imputations A and N in respect of the first matter complained of in the Hochroth proceedings and B, C and D in respect of the third matter complained of in the Hochroth proceedings, which is the first matter complained of in each of the other proceedings, will go to the jury.
Legal Topics
['capacity of Imputations' 'ordinary Reasonable Reader' 'jury Determination' 'letters Concerning South Head Synagogue']
['defamation' 'civil Procedure'] ['capacity of Imputations' 'ordinary Reasonable Reader' 'jury Determination' 'letters Concerning South Head Synagogue']

Case Brief

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Procedural Posture

Defamation Proceedings / First Listing; Rulings on Objections to Imputations

Legal Issues

  1. 1 ['Whether imputation A in the Hochroth proceedings was capable of conveying that the plaintiff dishonestly pretended to be the president of the South Head Synagogue.' 'Whether imputation N in the Hochroth proceedings was capable of conveying that the plaintiff was prepared to place himself in Contempt of the Beth Din by voting for liquidation of the South Head Synagogue.' "Whether imputation B was capable of conveying that the plaintiff breached duties as a Board member by placing the South Head Synagogue into administration for the sole purpose of terminating the defendant's position as Rabbi." 'Whether imputation C, or the proposed alternative imputation C(1), was capable of conveying that the plaintiff acted negligently or incompetently as a Board member by deciding to place the Synagogue into administration, thereby causing it to incur huge debt.' "Whether imputation D was capable of conveying that the plaintiff's immoral actions as a Board member and secured creditor had destroyed the South Head Synagogue."]

Ratio Decidendi

Although the defendant's objections had some force, the letters contained strong criticism and, read as a whole, were capable of conveying each challenged imputation to the ordinary reasonable reader. Applying the high threshold for striking out imputations as incapable of arising, the challenged imputations had to be left to the jury.

Court Disposition

Each of imputations A and N in respect of the first matter complained of in the Hochroth proceedings and B, C and D in respect of the third matter complained of in the Hochroth proceedings, which is the first matter complained of in each of the other proceedings, will go to the jury.

Orders

  • ['Each of imputations A and N in respect of the first matter complained of in the Hochroth proceedings will go to the jury.' 'Each of imputations B, C and D in respect of the third matter complained of in the Hochroth proceedings, which is the first matter complained of in each of the Mann and Naumburger...