Corby v Network Ten Pty Limited Corby Junior v Network Ten Pty Limited Rose v Network Ten Pty Limited Kisina v Network Ten Pty Limited [2014] NSWSC 1431

Imputations pleaded by plaintiffs, with family element, do not differ in substance under the rules; contextual imputations pleaded by defendants against Mr Kisina are impermissibly imprecise and do not meet s 26 requirements as they are not genuinely 'other' meanings conveyed in addition to plaintiff's imputations.

Jurisdiction: Australia
Judgment Date: 16 October 2014
Procedural Posture: Interlocutory Application / Rulings on Form of Pleadings
Outcome: Plaintiffs granted leave to amend pleadings; defendants' proposed contextual imputations struck out for imprecision and failure to meet s 26 requirements.
Legal Topics: ['form of Pleadings' 'imputations' 'contextual Imputation Requirements']

['defamation'] ['form of Pleadings' 'imputations' 'contextual Imputation Requirements']

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Procedural Posture

Interlocutory Application / Rulings on Form of Pleadings

Legal Issues

1 ["Whether plaintiffs' pleaded imputations differ in substance as required" "Whether defendants' contextual imputations meet the requirements of s 26 of the Defamation Act 2005"]

Ratio Decidendi

Court Disposition

Plaintiffs granted leave to amend pleadings; defendants' proposed contextual imputations struck out for imprecision and failure to meet s 26 requirements.

Orders

['Plaintiffs may amend their pleadings to clarify imputations.' "Defendants' proposed contextual imputations struck out in Kisina proceedings."]