Corby v Allen & Unwin Pty Limited [2013] NSWSC 308

Corby v Allen & Unwin Pty Limited [2013] NSWSC 308

The Court found that certain imputations pleaded by the plaintiffs were not capable of arising from the publication as a matter of law, particularly those related to involvement in a drug syndicate, knowledge of drug activities, and dishonesty concerning the same. The corrective and exculpatory material outweighed any defamatory imputation. Other pleaded imputations were considered to be capable of arising and would go to the jury. Leave to replead some imputations was granted where they were considered too broad or imprecise.

Parties
Plaintiff: Mercedes Pearl Esma Corby; Plaintiff: Rosleigh Jill Rose; Plaintiff: Michael Corby Jnr; First Defendant: Allen & Unwin Pty Limited; Second Defendant: Eamonn Duff
Jurisdiction
Australia
Judgment Date
10 April 2013
Procedural Posture
Defamation / Interlocutory Application: Determination of Imputations Capable of Arising And/or Being Struck Out
Outcome
Certain imputations are struck out; leave to replead some is granted; remaining appropriate imputations will go to the jury.
Legal Topics
Capacity of Imputations, Defamation – Imputations, Striking Out Imputations, Capacity to Lower Reputation
Defamation Capacity of Imputations Defamation – Imputations Striking Out Imputations Capacity to Lower Reputation

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Parties

Mercedes Pearl Esma Corby

Plaintiff

Rosleigh Jill Rose

Plaintiff

Michael Corby Jnr

Plaintiff

Allen & Unwin Pty Limited

First Defendant

Eamonn Duff

Second Defendant

Procedural Posture

Defamation / Interlocutory Application: Determination of Imputations Capable of Arising And/or Being Struck Out

Legal Issues

  1. 1 Whether certain pleaded imputations are capable of arising from the publication as a matter of law
  2. 2 Whether certain imputations should be struck out
  3. 3 Capacity of imputations to lower the plaintiffs’ reputation in the estimation of others

Ratio Decidendi

The Court found that certain imputations pleaded by the plaintiffs were not capable of arising from the publication as a matter of law, particularly those related to involvement in a drug syndicate, knowledge of drug activities, and dishonesty concerning the same. The corrective and exculpatory material outweighed any defamatory imputation. Other pleaded imputations were considered to be capable of arising and would go to the jury. Leave to replead some imputations was granted where they were considered too broad or imprecise.

Court Disposition

Certain imputations are struck out; leave to replead some is granted; remaining appropriate imputations will go to the jury.

Orders

  • In proceedings 340887 of 2012 (brought by Mercedes), imputations (b), (c), (d), and (h) struck out.
  • In proceedings 348205 of 2012 (brought by Rosleigh), imputations (b), (d), (e), (f), and (h) struck out.