Ha v Kang [2015] NSWDC 211

Ha v Kang [2015] NSWDC 211

Imputations 6(b), 6(c), and 6(d) as currently pleaded fail to specify an act or condition or distinguish properly between suspicion and guilt, and do not adequately capture a defamatory sting; accordingly, each is struck out with leave to replead in accordance with established authority.

Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Civil / Interlocutory Application Regarding Pleadings in Defamation (slander) Proceedings
Outcome
Application to strike out and replead specific imputations granted; costs ordered against plaintiff; further procedural directions issued.
Legal Topics
['defamation' 'slander' 'pleadings' 'imputations']
['tort'] ['defamation' 'slander' 'pleadings' 'imputations']

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Procedural Posture

Civil / Interlocutory Application Regarding Pleadings in Defamation (slander) Proceedings

Legal Issues

  1. 1 ['Whether the form of the pleaded imputations in a slander action are sufficiently precise and capable of conveying a defamatory sting' 'Whether leave should be granted to replead certain imputations']

Ratio Decidendi

Imputations 6(b), 6(c), and 6(d) as currently pleaded fail to specify an act or condition or distinguish properly between suspicion and guilt, and do not adequately capture a defamatory sting; accordingly, each is struck out with leave to replead in accordance with established authority.

Court Disposition

Application to strike out and replead specific imputations granted; costs ordered against plaintiff; further procedural directions issued.

Orders

  • ["Note parties' agreement to reserve capacity issues to the trial." "Plaintiff to replead imputation 6(b) as an imputation of 'reasonable suspicion' (Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669)." 'Plaintiff granted leave to replead imputations 6(c) and 6(d).' "Plaintiff to pay defendant's costs."...