Habib v Radio 2UE Sydney Pty Ltd [2010] NSWDC 244

Habib v Radio 2UE Sydney Pty Ltd [2010] NSWDC 244

All of the plaintiff's challenged imputations are, in their context, reasonably capable of arising from the broadcasts as pleaded, and the defendants have not demonstrated that any are so defective or incapable as to warrant being struck out at this interlocutory stage. The matter is best left for the jury's determination at trial. Accordingly, the defendants' strike-out application is dismissed.

Jurisdiction
Australia
Judgment Date
02 November 2010
Procedural Posture
Strike Out Application (defamation) / Interlocutory Application – Decision on Striking Out Imputations Prior to Trial
Outcome
Strike out application dismissed
Legal Topics
['pleading of Imputations' 'defamatory Meaning' 'summary Judgment/strike Out Applications' 'jury Trial in Defamation' 'pleading Precision and Alternatives']
['defamation' 'civil Procedure'] ['pleading of Imputations' 'defamatory Meaning' 'summary Judgment/strike Out Applications' 'jury Trial in Defamation' 'pleading Precision and Alternatives']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Strike Out Application (defamation) / Interlocutory Application – Decision on Striking Out Imputations Prior to Trial

Legal Issues

  1. 1 ['Are the pleaded imputations by the plaintiff in the defamation proceedings capable of arising from the broadcasts?' 'Are any of the pleaded imputations defective for imprecision, duplicity, or other formal pleading grounds?' 'Should the Court exercise its power to strike out any of the claimed imputations before trial?']

Ratio Decidendi

All of the plaintiff's challenged imputations are, in their context, reasonably capable of arising from the broadcasts as pleaded, and the defendants have not demonstrated that any are so defective or incapable as to warrant being struck out at this interlocutory stage. The matter is best left for the jury's determination at trial. Accordingly, the defendants' strike-out application is dismissed.

Court Disposition

Strike out application dismissed

Orders

  • ['No imputations struck out – all pleaded imputations to proceed to trial.' "Defendants to pay the plaintiff's costs of the strike out application." 'Proceedings stood over to 30 November 2010 for directions for jury trial.' 'Parties to prepare draft consent orders on pre-trial issues.' 'Liberty to apply on 7 days...