Garment v Nationwide News Pty Limited [2018] NSWDC 36

Garment v Nationwide News Pty Limited [2018] NSWDC 36

Imputations 5(a) and 7(a) were struck out because the matters complained of plainly referred to events almost 20 years earlier and attacked the plaintiff for failing to disclose his 'grubby past' to voters, not for presently lacking honesty, integrity or probity by reason of that past. Imputations 5(e) and 7(e) were struck out because the plaintiff elected to proceed with the deception imputations in 5(d) and 7(d), and the lying imputations did not differ in substance. The remaining challenged imputations were reasonably capable of being conveyed, and leave was granted to amend because the pleaded third matter complained of inaccurately alleged publication on the first defendant's...

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Civil Defamation Proceedings / Procedural Ruling on Capacity and Form of Pleaded Imputations Under Rr 14.28 and 14.30 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Certain imputations were struck out, other imputations were held reasonably capable of being conveyed, the plaintiff was granted leave to amend and file particulars, the matter was stood over, the plaintiff was ordered to pay half the defendants' costs of the argument, and the defendants' application for indemnity...
Legal Topics
['defamatory Imputations' 'capacity of Imputations' 'form of Imputations' 'strike Out' 'internet Publication' 'republication' 'particulars of Publication' 'costs']
['tort' 'defamation' 'civil Procedure'] ['defamatory Imputations' 'capacity of Imputations' 'form of Imputations' 'strike Out' 'internet Publication' 'republication' 'particulars of Publication' 'costs']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Procedural Ruling on Capacity and Form of Pleaded Imputations Under Rr 14.28 and 14.30 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether imputations 5(a) and 7(a) were defective in form or not reasonably capable of being conveyed.' "Whether imputations 5(d) and 7(d), alleging deception of voters about the plaintiff's past, were reasonably capable of being conveyed." 'Whether imputations 5(e) and 7(e), alleging the plaintiff lied to voters, differed in substance from imputations 5(d) and 7(d).' 'Whether the plaintiff should have leave to replead liability for the third matter complained of as a claim based on sharing of a website link on Facebook by Mr Doza Harding.' 'Whether the plaintiff should provide fuller particulars of publication and republication, including whether republication was relied upon as to liability or damages only.' 'Whether the defendants should receive indemnity costs.']

Ratio Decidendi

Imputations 5(a) and 7(a) were struck out because the matters complained of plainly referred to events almost 20 years earlier and attacked the plaintiff for failing to disclose his 'grubby past' to voters, not for presently lacking honesty, integrity or probity by reason of that past. Imputations 5(e) and 7(e) were struck out because the plaintiff elected to proceed with the deception imputations in 5(d) and 7(d), and the lying imputations did not differ in substance. The remaining challenged imputations were reasonably capable of being conveyed, and leave was granted to amend because the pleaded third matter complained of inaccurately alleged publication on the first defendant's...

Court Disposition

Certain imputations were struck out, other imputations were held reasonably capable of being conveyed, the plaintiff was granted leave to amend and file particulars, the matter was stood over, the plaintiff was ordered to pay half the defendants' costs of the argument, and the defendants' application for indemnity...

Orders

  • ['Grant the parties uplift access to subpoena packets 1 and 2.' 'Imputations 5(a) and 7(a) are struck out on the basis of form and capacity.' 'Imputations 5(b) and 7(b) are reasonably capable of being conveyed.' 'Imputations 5(c) and 7(c) are reasonably capable of being conveyed.' 'Imputations 5(d) and 7(d) are...