Gilbert v Catholic Education Office & 2 Ors [2002] NSWSC 214

Gilbert v Catholic Education Office & 2 Ors [2002] NSWSC 214

Imputations (a) or (b) and (e) are capable of being carried by the letter; (d) is incapable; (c) and (f) are struck out as bad in form with leave to replead. Plaintiff must elect between (a) and (b). Particulars of identification and aggravated damages must be amended as specified.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Defamation / Interlocutory Ruling on Capacity of Imputations, Particulars, and Pleading Orders
Outcome
Interlocutory rulings; plaintiff given leave to amend statement of claim; certain imputations struck out or found incapable; each party to pay own costs.
Legal Topics
['imputations' 'capacity' 'difference in Substance' 'particulars of Aggravated Damages' 'identification']
['defamation'] ['imputations' 'capacity' 'difference in Substance' 'particulars of Aggravated Damages' 'identification']

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Procedural Posture

Defamation / Interlocutory Ruling on Capacity of Imputations, Particulars, and Pleading Orders

Legal Issues

  1. 1 ['Whether the published letter is capable of carrying the pleaded imputations as a matter of law' 'Form and substance of imputations' 'Adequacy of particulars of identification and aggravated damages']

Ratio Decidendi

Imputations (a) or (b) and (e) are capable of being carried by the letter; (d) is incapable; (c) and (f) are struck out as bad in form with leave to replead. Plaintiff must elect between (a) and (b). Particulars of identification and aggravated damages must be amended as specified.

Court Disposition

Interlocutory rulings; plaintiff given leave to amend statement of claim; certain imputations struck out or found incapable; each party to pay own costs.

Orders

  • ['Plaintiff to elect between imputations (a) and (b).' 'Imputations (c) and (f) struck out as bad in form with leave to replead.' 'Imputation (d) found incapable of being carried; verdict for defendants on this cause of action.' 'Imputation (e) capable of being carried.' 'Plaintiff given leave to file amended...