Obermann v ACP Publishing Pty Limited [2001] NSWSC 1022

Obermann v ACP Publishing Pty Limited [2001] NSWSC 1022

Imputations (a), (b), (c), (e), (f), (g) and the true innuendo are as a matter of law capable of being conveyed by the publication and capable of being defamatory; imputation 5(d) (that the plaintiff as a waterpolo player belittled her sport by allowing the publication) is not capable of being conveyed as a matter of law. The case should proceed to trial on the remaining issues for determination by a jury as to whether those imputations are in fact conveyed.

Jurisdiction
Australia
Judgment Date
16 November 2001
Procedural Posture
Defamation / Interlocutory Application—determination of Capacity of Alleged Imputations to Be Defamatory as a Matter of Law
Outcome
Orders made determining the capacity of certain imputations to be conveyed as a matter of law and directing proceedings to continue to jury trial on the surviving imputations; costs to plaintiff.
Legal Topics
['imputations—capacity' 'defamation—ridicule' 'pleading Requirements in Defamation' "meaning of 'pornographic' in Publication"]
['defamation' 'tort Law'] ['imputations—capacity' 'defamation—ridicule' 'pleading Requirements in Defamation' "meaning of 'pornographic' in Publication"]

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Procedural Posture

Defamation / Interlocutory Application—determination of Capacity of Alleged Imputations to Be Defamatory as a Matter of Law

Legal Issues

  1. 1 ['Whether the publication was capable of conveying the pleaded imputations as a matter of law' 'Whether the imputations are capable of being defamatory' 'Appropriate standard for assessment (ordinary reasonable reader)' "Whether the magazine could be regarded as 'pornographic' in the context of the pleaded imputations"]

Ratio Decidendi

Imputations (a), (b), (c), (e), (f), (g) and the true innuendo are as a matter of law capable of being conveyed by the publication and capable of being defamatory; imputation 5(d) (that the plaintiff as a waterpolo player belittled her sport by allowing the publication) is not capable of being conveyed as a matter of law. The case should proceed to trial on the remaining issues for determination by a jury as to whether those imputations are in fact conveyed.

Court Disposition

Orders made determining the capacity of certain imputations to be conveyed as a matter of law and directing proceedings to continue to jury trial on the surviving imputations; costs to plaintiff.

Orders

  • ['Plaintiff has leave to file, within 14 days, an Amended Statement of Claim pleading the proposed imputations (a), (b), (c), (e), (f), (g) and the true innuendo, each held capable of being carried and capable of being defamatory.' 'Imputation 5(d) is incapable as a matter of law of being carried by the matter...