Peluso v TCN Channel Nine Pty Limited [2000] NSWSC 213

Peluso v TCN Channel Nine Pty Limited [2000] NSWSC 213

Several imputations pleaded by the plaintiff were found capable of being carried as defamatory meanings by the broadcast and allowed to stand; others were struck out for lack of specificity or incapacity to refer to the plaintiff, with leave to re-plead where appropriate. The question of whether community expectations and duties arise is for the jury.

Jurisdiction
Australia
Judgment Date
22 March 2000
Procedural Posture
Defamation / Interlocutory Hearing on Capacity of Pleaded Imputations
Outcome
Some imputations allowed to stand; others struck out with leave to re-plead; judgment for defendants on certain imputations; costs application awarded as plaintiff's costs in the cause.
Legal Topics
['imputations' 'capacity' 'standards of Barristers' 'duty of Disclosure' 'inquiries About Clients']
['defamation'] ['imputations' 'capacity' 'standards of Barristers' 'duty of Disclosure' 'inquiries About Clients']

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Procedural Posture

Defamation / Interlocutory Hearing on Capacity of Pleaded Imputations

Legal Issues

  1. 1 ['Whether the broadcast is capable of carrying the pleaded imputations as defamatory meanings' 'Whether the imputations specify conduct and standards sufficiently' 'Whether certain imputations are rhetorical or general in substance']

Ratio Decidendi

Several imputations pleaded by the plaintiff were found capable of being carried as defamatory meanings by the broadcast and allowed to stand; others were struck out for lack of specificity or incapacity to refer to the plaintiff, with leave to re-plead where appropriate. The question of whether community expectations and duties arise is for the jury.

Court Disposition

Some imputations allowed to stand; others struck out with leave to re-plead; judgment for defendants on certain imputations; costs application awarded as plaintiff's costs in the cause.

Orders

  • ['Imputations (c), (d), (e), (g), (h), and (j) allowed to stand.' 'Imputations (f) and (i) struck out, with leave to re-plead imputation (i).' 'Judgment for defendants on imputation (f).' "Costs of the application to be plaintiffs' costs in the cause."]