BYRNES v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 575

BYRNES v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 575

Imputation (a), 'vendors should beware of the plaintiff', is struck out as bad in form due to its vagueness and lack of particularity, with leave to replead. Imputation (b), regarding money laundering, is held as not capable of being carried by the article when read as a whole by an ordinary reasonable reader.

Jurisdiction
Australia
Judgment Date
23 June 2003
Procedural Posture
Defamation / Interlocutory Application on Pleadings (strike Out and Leave to Amend)
Outcome
Plaintiff granted leave to file amended statement of claim within 14 days; Plaintiff failed on two principal issues argued and is to pay defendant's costs.
Legal Topics
['imputations' 'form of Pleading' 'capacity to Carry Imputation']
['defamation'] ['imputations' 'form of Pleading' 'capacity to Carry Imputation']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application on Pleadings (strike Out and Leave to Amend)

Legal Issues

  1. 1 ["Whether imputation (a) 'vendors should beware of the plaintiff' is bad in form" "Whether imputation (b) 'the plaintiff intends to use his auction house to launder money for the Mafia' is capable of being carried by the article"]

Ratio Decidendi

Imputation (a), 'vendors should beware of the plaintiff', is struck out as bad in form due to its vagueness and lack of particularity, with leave to replead. Imputation (b), regarding money laundering, is held as not capable of being carried by the article when read as a whole by an ordinary reasonable reader.

Court Disposition

Plaintiff granted leave to file amended statement of claim within 14 days; Plaintiff failed on two principal issues argued and is to pay defendant's costs.

Orders

  • ['The plaintiff has leave to file an amended statement of claim within 14 days.' "The plaintiff has failed on the two principal issues argued and is to pay the defendant's costs." "Matter is placed in the Registrar's directions list on 11 July."]