Waterhouse v Perkins [2000] NSWSC 611

Waterhouse v Perkins [2000] NSWSC 611

Objections to the capacity and form of imputations largely fail except for imputation (h) which is struck out; those defendants present at the earlier hearing before Levine J may not re-litigate capacity objections, while other defendants are permitted to raise objections to form but not capacity; each imputation was considered individually on capacity and form grounds and found sufficient to go to the jury except imputation (h).

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Defamation / Interlocutory Ruling on Objections to Imputations in Statements of Claim
Outcome
Imputation (h) struck out; all other objections to imputations dismissed; directions given for particulars and amended defences, and further hearing set.
Legal Topics
['objections to Imputations' 'relitigation of Issues' 'capacity and Form of Imputations' 'interlocutory Rulings']
['defamation' 'civil Procedure'] ['objections to Imputations' 'relitigation of Issues' 'capacity and Form of Imputations' 'interlocutory Rulings']

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Procedural Posture

Defamation / Interlocutory Ruling on Objections to Imputations in Statements of Claim

Legal Issues

  1. 1 ['Whether defendants may re-litigate objections to capacity and form of imputations already ruled upon' 'Whether various pleaded imputations have capacity and proper form to go to a jury']

Ratio Decidendi

Objections to the capacity and form of imputations largely fail except for imputation (h) which is struck out; those defendants present at the earlier hearing before Levine J may not re-litigate capacity objections, while other defendants are permitted to raise objections to form but not capacity; each imputation was considered individually on capacity and form grounds and found sufficient to go to the jury except imputation (h).

Court Disposition

Imputation (h) struck out; all other objections to imputations dismissed; directions given for particulars and amended defences, and further hearing set.

Orders

  • ['Imputation (h) is struck out of each Statement of Claim.' 'Plaintiff to provide each defendant with full particulars of aggravated damages by 27 June.' '5th defendant in 1996 proceedings to deliver draft amended defence by 23 June; similar directions for each defendant in both proceedings.' "5th defendant to...