Tabbaa v Nine Network Australia Pty Limited [2015] NSWSC 1115

Tabbaa v Nine Network Australia Pty Limited [2015] NSWSC 1115

Imputations that were tautological, rhetorical, insufficiently specific, or not different in substance from another pleaded imputation should be struck out or refused. Imputation (l), despite the defendant's capacity objection, raised an issue that should be left to the jury.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Defamation Proceedings / Rulings on Objections to Pleaded Imputations at the First Listing After Transfer From the District Court
Outcome
Rulings on imputations made: some imputations struck out or refused, and imputation (l) allowed to go to the jury.
Legal Topics
['pleadings' 'imputations' 'specificity' 'capacity' 'duplicative Imputations']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'specificity' 'capacity' 'duplicative Imputations']

Case Brief

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Procedural Posture

Defamation Proceedings / Rulings on Objections to Pleaded Imputations at the First Listing After Transfer From the District Court

Legal Issues

  1. 1 ['Whether imputation 5(c) was tautological or nonsensical and should be struck out.' 'Whether the plaintiff should have leave to plead an imputation that he is an extremely evil person.' 'Whether imputation (j) was rhetorical and lacked adequate specificity.' 'Whether imputation (k) differed in substance from imputation (b) or contravened r 14.30 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether imputation (l) was capable of being conveyed and should be left to the jury.']

Ratio Decidendi

Imputations that were tautological, rhetorical, insufficiently specific, or not different in substance from another pleaded imputation should be struck out or refused. Imputation (l), despite the defendant's capacity objection, raised an issue that should be left to the jury.

Court Disposition

Rulings on imputations made: some imputations struck out or refused, and imputation (l) allowed to go to the jury.

Orders

  • ['Imputation 5(c) struck out by consent.' 'Leave to plead the imputation that the plaintiff is an extremely evil person refused.' 'Imputation (j) struck out by consent.' 'Imputation (k) struck out.' 'Imputation (l) will go to the jury.']