Tabbaa v DailyMail.com Australia Pty Ltd (ACN 166 912 465) [2015] NSWDC 278

Tabbaa v DailyMail.com Australia Pty Ltd (ACN 166 912 465) [2015] NSWDC 278

Imputation 3(a) ('the plaintiff is an evil person') is struck out because it is ambiguous, lacks the required precision for pleadings in defamation, and fails to enable the defendant to know what to justify, particularly given the detailed nature of the underlying publication.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Civil Proceeding (defamation) / Interlocutory Ruling on Strike Out Application
Outcome
Imputation 3(a) struck out; costs to defendant; leave to amend statement of claim; matter stood over for further directions.
Legal Topics
['imputation Precision' 'pleading Requirements' 'internet Publication' 'ambiguity of Terms' 'defamatory Meaning']
['tort' 'defamation'] ['imputation Precision' 'pleading Requirements' 'internet Publication' 'ambiguity of Terms' 'defamatory Meaning']

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Procedural Posture

Civil Proceeding (defamation) / Interlocutory Ruling on Strike Out Application

Legal Issues

  1. 1 ["Whether the imputation 'the plaintiff is an evil person' should be struck out as lacking sufficient precision and being ambiguous" 'Whether leave should be granted to replead the imputation']

Ratio Decidendi

Imputation 3(a) ('the plaintiff is an evil person') is struck out because it is ambiguous, lacks the required precision for pleadings in defamation, and fails to enable the defendant to know what to justify, particularly given the detailed nature of the underlying publication.

Court Disposition

Imputation 3(a) struck out; costs to defendant; leave to amend statement of claim; matter stood over for further directions.

Orders

  • ['Imputation 3(a) is struck out.' "Plaintiff to pay defendant's costs of the argument today." 'Plaintiff to file and serve amended statement of claim in 14 days.' 'Matter stood over to Thursday 10 December 2015 in the Defamation List.']