Corby v Allen & Unwin Pty Ltd (No 2) [2013] NSWSC 617

Corby v Allen & Unwin Pty Ltd (No 2) [2013] NSWSC 617

The Mercedes imputation was not capable of being defamatory once clarified as not involving sex for money, because it was not capable of lowering her in the eyes of the ordinary reasonable reader. The Michael Jnr imputation was not capable of arising when the relevant passage was read in the context of the whole...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 May 2013
Procedural Posture
Defamation Proceedings / Application to Strike Out Imputations
Outcome
Two imputations were struck out and costs were reserved.
Legal Topics
['capacity of Imputation to Be Defamatory' 'capacity of Imputation to Arise' 'strike Out Application' 'republication of Defamatory Hearsay' 'context of Matter Complained Of']
['defamation' 'civil Procedure'] ['capacity of Imputation to Be Defamatory' 'capacity of Imputation to Arise' 'strike Out Application' 'republication of Defamatory Hearsay' 'context of Matter Complained Of']

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Procedural Posture

Defamation Proceedings / Application to Strike Out Imputations

Legal Issues

  1. 1 ['Whether the imputation that Mercedes Corby worked as a hostess in the Japanese sex industry was capable of being defamatory.' 'Whether the imputation that Michael Corby Jnr was a drug dealer involved in the marijuana trade on the Gold Coast was capable of arising from the matter complained of.']

Ratio Decidendi

The Mercedes imputation was not capable of being defamatory once clarified as not involving sex for money, because it was not capable of lowering her in the eyes of the ordinary reasonable reader. The Michael Jnr imputation was not capable of arising when the relevant passage was read in the context of the whole matter complained of, particularly the chapter portraying similar allegations against Mercedes and Rosleigh as baseless or effectively discredited.

Court Disposition

Two imputations were struck out and costs were reserved.

Orders

  • ['The following imputations are struck out: In proceedings 340887 of 2012 (brought by Mercedes), (b).' 'The following imputations are struck out: In proceedings 348219 of 2012 (brought by Michael Jnr), (a).' 'Costs of this application are reserved and are to be determined together with any application for costs...