KEVIN WATERS V AUSTRALIA WIDE TOWING PTY LTD & ANOR [2002] NSWSC 533

KEVIN WATERS V AUSTRALIA WIDE TOWING PTY LTD & ANOR [2002] NSWSC 533

The express statements in the letter, including allegations of fraudulent conduct, police associations, threats, violence, standover merchants and collusion, were capable of supporting rational and reasonable defamatory meanings that the plaintiff was a criminal, a thug, and suspected by Blacktown Police of criminal activity in relation to towing services. However, imputation (g) was bad in form because the matter complained of was capable of attributing to the plaintiff only the arranging of a bashing, not the seriousness of the bashing or its consequences for the victim.

Jurisdiction
Australia
Judgment Date
14 June 2002
Procedural Posture
Defamation / Ruling on Imputations, Capacity and Form
Outcome
Imputations (a), (b) and (e) were found capable of being carried by the matter complained of and capable of being defamatory; imputation (g) was struck out with leave to replead.
Legal Topics
['defamatory Imputations' 'capacity' 'form of Imputations' 'statement of Claim']
['defamation' 'civil Procedure'] ['defamatory Imputations' 'capacity' 'form of Imputations' 'statement of Claim']

Case Brief

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Procedural Posture

Defamation / Ruling on Imputations, Capacity and Form

Legal Issues

  1. 1 ['Whether the matter complained of was capable of carrying the imputation that the plaintiff is a criminal and whether that imputation was capable of being defamatory.' 'Whether the matter complained of was capable of carrying the imputation that the plaintiff is a thug and whether that imputation was capable of being defamatory.' 'Whether the matter complained of was capable of carrying the imputation that the Blacktown Police suspect the plaintiff has engaged in criminal activity in relation to towing services and whether that imputation was capable of being defamatory.' 'Whether the imputation that the plaintiff arranged for an employee of Western Smash Repairs, Mr Dennis Wilson, to be so seriously bashed he was lucky to escape with his life and is now unable to work was bad in form.']

Ratio Decidendi

The express statements in the letter, including allegations of fraudulent conduct, police associations, threats, violence, standover merchants and collusion, were capable of supporting rational and reasonable defamatory meanings that the plaintiff was a criminal, a thug, and suspected by Blacktown Police of criminal activity in relation to towing services. However, imputation (g) was bad in form because the matter complained of was capable of attributing to the plaintiff only the arranging of a bashing, not the seriousness of the bashing or its consequences for the victim.

Court Disposition

Imputations (a), (b) and (e) were found capable of being carried by the matter complained of and capable of being defamatory; imputation (g) was struck out with leave to replead.

Orders

  • ['Imputations (a), (b) and (e) are found to be capable of being carried by the matter complained of and capable of being defamatory.' 'Imputation (g) is struck out.' 'The plaintiff has leave to file an Amended Statement of Claim within 14 days.' "The defendant is to pay the plaintiff's costs." "The matter is stood...