Ann-Marie Clarke & Anor v Melbourne University Publishing Ltd trading as Melbourne University Press [2007] NSWDC 189

Ann-Marie Clarke & Anor v Melbourne University Publishing Ltd trading as Melbourne University Press [2007] NSWDC 189

Given the context of the book, the ambiguous slang language used, and the surrounding innuendo, the case was borderline but it was for the jury to decide whether imputations 2(a), 2(b), 2(d) and 2(e) were conveyed; they should not be struck out.

Jurisdiction
Australia
Judgment Date
21 September 2007
Procedural Posture
Civil Defamation Proceedings / Ruling on Capacity of Pleaded Imputations and Costs of the Application
Outcome
Imputations 2(c) and 2(f) were noted as withdrawn; imputations 2(a), 2(b), 2(d) and 2(e) were to go to the jury; the defendant was ordered to pay two-thirds of the plaintiffs' costs of the application.
Legal Topics
['imputations' 'capacity' 'bane and Antidote' 'role of Context' 'striking Out Imputations']
['tort' 'defamation'] ['imputations' 'capacity' 'bane and Antidote' 'role of Context' 'striking Out Imputations']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Ruling on Capacity of Pleaded Imputations and Costs of the Application

Legal Issues

  1. 1 ['Whether the pleaded imputations were capable of being conveyed by the matter complained of when read in context.' 'Whether imputations 2(a), 2(b), 2(d) and 2(e) should be struck out or left to the jury.' 'The effect of ambiguous slang language and the surrounding context on defamatory capacity.' 'Costs following withdrawal of imputations 2(c) and 2(f).']

Ratio Decidendi

Given the context of the book, the ambiguous slang language used, and the surrounding innuendo, the case was borderline but it was for the jury to decide whether imputations 2(a), 2(b), 2(d) and 2(e) were conveyed; they should not be struck out.

Court Disposition

Imputations 2(c) and 2(f) were noted as withdrawn; imputations 2(a), 2(b), 2(d) and 2(e) were to go to the jury; the defendant was ordered to pay two-thirds of the plaintiffs' costs of the application.

Orders

  • ['Note imputations 2(c) and 2(f) have been withdrawn.' 'Imputations 2(a), 2(b), 2(d) and 2(e) are to go to the jury.' 'Parties have leave to bring in Short Minutes of Order for a fresh timetable for the conduct of these proceedings.' "Defendant pay two-thirds of the plaintiff's costs."]