Harvey v John Fairfax Publications Pty Ltd [2000] NSWSC 337

Harvey v John Fairfax Publications Pty Ltd [2000] NSWSC 337

Imputations 3(b), 3(c), and 3(d) are reasonably capable of being conveyed to the ordinary reasonable reader by the article and thus should go to the jury; imputations 3(a) and 3(e) are either embarrassing, uncertain in meaning, or bad in form and are therefore struck out, but leave is granted to replead them.

Jurisdiction
Australia
Judgment Date
20 April 2000
Procedural Posture
Defamation Proceedings / Pre Trial Ruling on Pleadings (capacity of Imputations to Go to Jury)
Outcome
Orders made on plaintiff's statement of claim regarding defamatory imputations.
Legal Topics
['capacity of Matter to Carry Pleaded Imputations' 'form of Imputations' 'striking Out Pleadings' 'leave to Replead' 'assessment for Jury Determination']
['defamation'] ['capacity of Matter to Carry Pleaded Imputations' 'form of Imputations' 'striking Out Pleadings' 'leave to Replead' 'assessment for Jury Determination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Pre Trial Ruling on Pleadings (capacity of Imputations to Go to Jury)

Legal Issues

  1. 1 ['Whether the matter complained of is capable of conveying the pleaded imputations to the ordinary reasonable reader' 'Whether the form of specific imputations is embarrassing or confusing and should be struck out' 'Whether specific or general allegations in the article can reasonably carry generalised imputations']

Ratio Decidendi

Imputations 3(b), 3(c), and 3(d) are reasonably capable of being conveyed to the ordinary reasonable reader by the article and thus should go to the jury; imputations 3(a) and 3(e) are either embarrassing, uncertain in meaning, or bad in form and are therefore struck out, but leave is granted to replead them.

Court Disposition

Orders made on plaintiff's statement of claim regarding defamatory imputations.

Orders

  • ['Imputations 3(b), 3(c), and 3(d) will go to the jury.' 'Imputations 3(a) and 3(e) are struck out.' 'The plaintiff is granted leave to replead imputations 3(a) and 3(e).' 'Each party to pay his/its own costs.']