Obermann v ACP Publishing Pty Ltd [2001] NSWSC 178

Obermann v ACP Publishing Pty Ltd [2001] NSWSC 178

The plaintiff was entitled to plead the entire magazine as the first matter complained of because the pleaded imputations depended on the alleged pornographic character of the magazine, which could reasonably be assessed only by reference to the magazine as a whole. The defendant was not embarrassed by that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 June 2001
Procedural Posture
Defamation Proceeding / Interlocutory Application Concerning Pleadings
Outcome
Defendant's pleading objections were mostly rejected; the plaintiff was required to provide particulars of the republication allegation.
Legal Topics
['matter Complained Of' 'natural and Ordinary Meaning' 'true Innuendo' 'republication Particulars' 'compliance With Supreme Court Rules']
['defamation' 'civil Procedure'] ['matter Complained Of' 'natural and Ordinary Meaning' 'true Innuendo' 'republication Particulars' 'compliance With Supreme Court Rules']

Source-derived case record

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Procedural Posture

Defamation Proceeding / Interlocutory Application Concerning Pleadings

Legal Issues

  1. 1 ['Whether the plaintiff could plead the whole magazine as the first matter complained of and rely on its natural and ordinary meaning.' 'Whether non-plaintiff-specific parts of the magazine should be struck out as irrelevant or embarrassing.' "Whether the plaintiff's pleading complied with SCR Part 67 Rule 12(2), or compliance should be dispensed with." 'Whether the true innuendo claim was adequately particularised.' 'Whether the republication allegation was adequately particularised.']

Ratio Decidendi

The plaintiff was entitled to plead the entire magazine as the first matter complained of because the pleaded imputations depended on the alleged pornographic character of the magazine, which could reasonably be assessed only by reference to the magazine as a whole. The defendant was not embarrassed by that pleading, and the Rules should not be applied rigidly where providing the published magazine itself sufficiently identified the matter complained of. The true innuendo particulars were adequate in the circumstances, but the republication allegation required further particulars.

Court Disposition

Defendant's pleading objections were mostly rejected; the plaintiff was required to provide particulars of the republication allegation.

Orders

  • ['Dispense with compliance with Part 67 Rule 12(2) and direct that the provision by the plaintiff of a copy of the magazine "The Picture" to the court and to the defendant is sufficient compliance with that Rule.' 'Decline to strike out the pleading of the first matter complained of.' 'The true innuendo claim is...