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
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Whether specific imputations pleaded by the plaintiff are reasonably capable of being conveyed by the matter complained of
- 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
Full Case Text
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