Ahmed v Harbour Radio Pty Ltd (No 2) [2011] NSWSC 20

Ahmed v Harbour Radio Pty Ltd (No 2) [2011] NSWSC 20

Imputations pleaded using slang or colloquial terms such as 'grub' are insufficiently precise to satisfy the requirement of specifying defamatory meanings under UCPR 14.30(2); clarity and particularity in the pleaded imputation are necessary, and failing this, such imputations must be struck out with liberty to re-plead.

Jurisdiction
Australia
Judgment Date
07 February 2011
Procedural Posture
Defamation Proceedings / Ruling on Pleadings—motion to Strike Out Imputations
Outcome
Imputations 3(a), 3B(a), 3B(e), 3D(a), and 3D(e) struck out; plaintiff granted liberty to re-plead; plaintiff to pay the defendant's costs of the proceedings.
Legal Topics
['pleadings' 'use of Slang or Colloquialisms in Imputations' 'specification of Defamatory Meaning' 'imputations—form and Clarity' 'procedural Applications in Defamation Cases']
['defamation' 'civil Procedure'] ['pleadings' 'use of Slang or Colloquialisms in Imputations' 'specification of Defamatory Meaning' 'imputations—form and Clarity' 'procedural Applications in Defamation Cases']

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Procedural Posture

Defamation Proceedings / Ruling on Pleadings—motion to Strike Out Imputations

Legal Issues

  1. 1 ["Whether the use of slang or colloquial terms (e.g. 'grub') in imputations satisfies the requirement under UCPR 14.30(2) to specify each imputation relied upon in pleadings for defamation" 'Whether the pleaded imputations were sufficiently clear and precise to allow proceedings to continue']

Ratio Decidendi

Imputations pleaded using slang or colloquial terms such as 'grub' are insufficiently precise to satisfy the requirement of specifying defamatory meanings under UCPR 14.30(2); clarity and particularity in the pleaded imputation are necessary, and failing this, such imputations must be struck out with liberty to re-plead.

Court Disposition

Imputations 3(a), 3B(a), 3B(e), 3D(a), and 3D(e) struck out; plaintiff granted liberty to re-plead; plaintiff to pay the defendant's costs of the proceedings.

Orders

  • ['Imputations 3(a), 3B(a), 3B(e), 3D(a), and 3D(e) are struck out.' 'The plaintiff have liberty to re-plead.' "The plaintiff to pay the defendant's costs of the proceedings."]