Moroney v John Fairfax Publications Pty Ltd [2001] NSWSC 1138

Moroney v John Fairfax Publications Pty Ltd [2001] NSWSC 1138

The matter complained of is incapable as a matter of law of carrying imputations (a) and (b) but is capable of conveying imputation (c), which is capable of being defamatory. No verification of particulars is required.

Parties
Plaintiff: Kenneth Edward Moroney; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Defamation / Interlocutory Determination on Imputations and Particulars
Outcome
Imputations (a) and (b) incapable as a matter of law—verdict for the defendant on these. Imputation (c) capable of being defamatory.
Legal Topics
Imputations, Identification, Particulars, Verification
Defamation Imputations Identification Particulars Verification

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Parties

Kenneth Edward Moroney

Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Defamation / Interlocutory Determination on Imputations and Particulars

Legal Issues

  1. 1 Whether the particulars of identification provided by the plaintiff are adequate
  2. 2 Whether the plaintiff is required to verify the particulars
  3. 3 Whether the matter complained of is capable of carrying the pleaded imputations

Ratio Decidendi

The matter complained of is incapable as a matter of law of carrying imputations (a) and (b) but is capable of conveying imputation (c), which is capable of being defamatory. No verification of particulars is required.

Court Disposition

Imputations (a) and (b) incapable as a matter of law—verdict for the defendant on these. Imputation (c) capable of being defamatory.

Orders

  • The matter complained of is incapable as a matter of law of carrying imputations (a) and (b). It is capable of conveying imputation (c), which is capable of being defamatory.
  • With respect to imputations (a) and (b), verdict for the defendant.