Ferrier v Nationwide News Pty Limited (No 2) [2015] NSWSC 1044

Ferrier v Nationwide News Pty Limited (No 2) [2015] NSWSC 1044

Imputation (f) substantially replicates imputation (a) and cannot stand as a separate imputation, but in the circumstances, imputations of 'fraudster' and 'conman' are sufficiently different to be separately pleaded. The plaintiff must elect between imputations (a) and (f) or replead, ensure proper alternatives for certain imputations, and provide particulars of special damages.

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Defamation / Rulings on Pleadings as to Imputations
Outcome
Plaintiff required to elect or replead specified imputations and provide particulars of special damages; costs reserved.
Legal Topics
['pleadings' 'imputations' 'alternative Pleadings']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'alternative Pleadings']

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Procedural Posture

Defamation / Rulings on Pleadings as to Imputations

Legal Issues

  1. 1 ['Whether the pleaded imputations (a), (d), (f) differ in substance as required and can stand separately' 'Whether certain imputations should be pleaded in the alternative' 'Requirement for particulars of special damages']

Ratio Decidendi

Imputation (f) substantially replicates imputation (a) and cannot stand as a separate imputation, but in the circumstances, imputations of 'fraudster' and 'conman' are sufficiently different to be separately pleaded. The plaintiff must elect between imputations (a) and (f) or replead, ensure proper alternatives for certain imputations, and provide particulars of special damages.

Court Disposition

Plaintiff required to elect or replead specified imputations and provide particulars of special damages; costs reserved.

Orders

  • ['Plaintiff to elect between imputations (a) and (f) or replead imputations (a), (d), and (f) in accordance with reasons within 3 weeks.' 'Identical ruling applies to second matter complained of.' 'Plaintiff to correct alternative pleading anomaly in amended statement.' 'Plaintiff to provide particulars of special...