Feeney v TCN Channel Nine Pty Ltd [2016] NSWSC 1848

Feeney v TCN Channel Nine Pty Ltd [2016] NSWSC 1848

Imputations must be pleaded with adequate clarity and specificity. Several imputations were struck out for lacking specificity or duplicating substance, while others were upheld as capable of being conveyed by the broadcast.

Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Defamation / Ruling on Objections to Imputations at First Listing
Outcome
Objections to certain imputations upheld; others rejected. Plaintiff ordered to pay defendant's costs for determination of first listing issues.
Legal Topics
['imputations' 'objections as to Form' 'capacity' 'specificity']
['defamation'] ['imputations' 'objections as to Form' 'capacity' 'specificity']

Case Brief

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Procedural Posture

Defamation / Ruling on Objections to Imputations at First Listing

Legal Issues

  1. 1 ['Whether certain imputations are bad in form and should be struck out' 'Whether imputations sufficiently distil what is attributed to the plaintiff' 'Whether the matter complained of conveys specific imputations']

Ratio Decidendi

Imputations must be pleaded with adequate clarity and specificity. Several imputations were struck out for lacking specificity or duplicating substance, while others were upheld as capable of being conveyed by the broadcast.

Court Disposition

Objections to certain imputations upheld; others rejected. Plaintiff ordered to pay defendant's costs for determination of first listing issues.

Orders

  • ['Imputations (a), (b), and (c) struck out as bad in form.' 'Imputation (h)(i) objection rejected and allowed to proceed.' 'Plaintiff elected imputation (l), not pressing (m).' 'Imputation (p) struck out as duplicating substance.' "Plaintiff to pay defendant's costs for determination of first listing issues."...