Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118

Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118

Imputations 5(c), 7(c), 5(e), and 7(e) are pleaded with sufficient precision in specifying the act or condition allegedly attributed to the plaintiff by the matters complained of, and are not likely to lead to confusion; thus, the defendant's application to strike out the imputations on grounds they are defective in form is refused.

Jurisdiction
Australia
Judgment Date
09 October 2007
Procedural Posture
Defamation / Interlocutory Application to Strike Out Pleadings
Outcome
Defendant's application to strike out the pleaded imputations refused.
Legal Topics
['pleadings' 'imputations' 'precision in Pleadings' 'strike Out Applications']
['defamation Law' 'civil Procedure'] ['pleadings' 'imputations' 'precision in Pleadings' 'strike Out Applications']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application to Strike Out Pleadings

Legal Issues

  1. 1 ['Whether imputations pleaded are defective in form due to lack of specificity regarding holder of reasonable suspicion' 'Whether imputations should be struck out under Pt 14 r 14.28(1)(b) Uniform Civil Procedure Rules 2005 for being embarrassingly imprecise']

Ratio Decidendi

Imputations 5(c), 7(c), 5(e), and 7(e) are pleaded with sufficient precision in specifying the act or condition allegedly attributed to the plaintiff by the matters complained of, and are not likely to lead to confusion; thus, the defendant's application to strike out the imputations on grounds they are defective in form is refused.

Court Disposition

Defendant's application to strike out the pleaded imputations refused.

Orders

  • ["Defendant's application to strike out imputations 5(c), 5(e), 7(c), 7(e) is refused." 'Question of costs deferred to directions hearing on 12 November 2007 if not agreed.']