Byrnes v John Fairfax Publications P/L [2001] NSWSC 107

Imputations 5(b) and 7(b), asserting present imprisonment, are not capable of arising reasonably from the publications and should not go to the jury. Imputation 5(e), using the term 'stir', is capable of arising and may be regarded as defamatory. Amendments to imputations 5(f) and 7(c) substituting 'dishonestly' are permissible and those imputations may go to the jury.

Parties: Plaintiff: Jim Byrnes; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction: Australia
Judgment Date: 08 March 2001
Procedural Posture: Defamation / Application to Strike Out Certain Imputations in Amended Statement of Claim
Outcome: Application granted in part
Legal Topics: Imputations, Use of Slang in Pleadings

Defamation Imputations Use of Slang in Pleadings

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Parties

Jim Byrnes

Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Defamation / Application to Strike Out Certain Imputations in Amended Statement of Claim

Legal Issues

1 Whether specific pleaded imputations are capable of arising from the publications
2 Adequacy of pleading imputations using terms/slang from the publications

Ratio Decidendi

Court Disposition

Application granted in part

Orders

The plaintiff has leave to file a further amended statement of claim to consolidate publications A and B and plead imputations arising from them.
The plaintiff's leave extends to amending imputations 5(f) and 7(c) by substituting 'dishonestly' for 'improperly'.