Weston v Favretto & Ors [1999] NSWSC 358

Weston v Favretto & Ors [1999] NSWSC 358

Imputations 6(a) and 10(a) are bad in form and incapable of arising from the matters complained of; imputations 6(b) and 10(b) cannot reasonably arise, as plaintiff's absence was known to the company. Leave is given to amend the statement of claim.

Parties
Plaintiff: Malcolm John Weston; First Defendant: Frank Favretto; Second Defendant: Coms21 Limited 057 864 876; Third Defendant: John Fairfax Publications Pty Limited
Jurisdiction
Australia
Judgment Date
21 April 1999
Procedural Posture
Defamation / Ruling on Capacity of Pleaded Imputations to Go to Jury; Leave to Amend Statement of Claim
Outcome
Imputations struck out, leave to amend; costs to defendants.
Legal Topics
Imputations, Capacity, Form
Defamation Imputations Capacity Form

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Parties

Malcolm John Weston

Plaintiff

Frank Favretto

First Defendant

Coms21 Limited 057 864 876

Second Defendant

John Fairfax Publications Pty Limited

Third Defendant

Procedural Posture

Defamation / Ruling on Capacity of Pleaded Imputations to Go to Jury; Leave to Amend Statement of Claim

Legal Issues

  1. 1 Whether the pleaded imputations are capable of arising from the matters complained of
  2. 2 Whether imputations are bad in form and should be struck out

Ratio Decidendi

Imputations 6(a) and 10(a) are bad in form and incapable of arising from the matters complained of; imputations 6(b) and 10(b) cannot reasonably arise, as plaintiff's absence was known to the company. Leave is given to amend the statement of claim.

Court Disposition

Imputations struck out, leave to amend; costs to defendants.

Orders

  • Imputations 6(a) and 10(a) are struck out.
  • Imputations 6(b) and 10(b) will not go to the jury.