Pryor v Latham [2015] NSWSC 529

Pryor v Latham [2015] NSWSC 529

Imputations (a), (b) as amended, and (f) are reasonably capable of arising from the article and should be left to the jury; imputations (c) and (d) are not reasonably capable of arising and are struck out.

Parties
Plaintiff: Lisa Pryor; First Defendant: Mark Latham; Second Defendant: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
08 May 2015
Procedural Posture
Defamation / Pre Trial Motion (rulings on Pleadings/imputations Capacity)
Outcome
Imputations (c) and (d) struck out. Imputations (a), (b) (as amended), and (f) ruled capable of arising; will go to the jury.
Legal Topics
Pleadings, Objection to Imputations, Ordinary Reasonable Reader, Capacity to Convey Meaning

Case Brief

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Parties

Lisa Pryor

Plaintiff

Mark Latham

First Defendant

Fairfax Media Publications Pty Ltd

Second Defendant

Procedural Posture

Defamation / Pre Trial Motion (rulings on Pleadings/imputations Capacity)

  1. 1 Whether specific imputations pleaded by the plaintiff are reasonably capable of being conveyed by the matter complained of
  2. 2 Whether particular imputations are bad in form

Ratio Decidendi

Imputations (a), (b) as amended, and (f) are reasonably capable of arising from the article and should be left to the jury; imputations (c) and (d) are not reasonably capable of arising and are struck out.

Court Disposition

Imputations (c) and (d) struck out. Imputations (a), (b) (as amended), and (f) ruled capable of arising; will go to the jury.

Orders

  • Imputations (c) and (d) struck out
  • Imputations (a), (b) as amended, and (f) ruled to be capable of arising from the matter complained of