O'Brien v Australian Broadcasting Corporation [2014] NSWSC 420

O'Brien v Australian Broadcasting Corporation [2014] NSWSC 420

The objections as to form to each of the plaintiff's pleaded imputations are rejected, as the imputations are sufficiently clear, capable of arising, and properly pleaded including as fallback.

Parties
Plaintiff: Natalie O'Brien; Defendant: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
07 April 2014
Procedural Posture
Defamation / Interlocutory Application
Outcome
Defendant's objections to the plaintiff's imputations rejected. Defendant to pay the plaintiff's costs of today's argument.
Legal Topics
Imputations, Objections as to Form, Fallback Imputations
Defamation Imputations Objections as to Form Fallback Imputations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Natalie O'Brien

Plaintiff

Australian Broadcasting Corporation

Defendant

Procedural Posture

Defamation / Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff's pleaded imputations are objectionable as to form under rule 14.28 of the Uniform Civil Procedure Rules 2005
  2. 2 Whether the imputations differ in substance or are properly pleaded as fallback

Ratio Decidendi

The objections as to form to each of the plaintiff's pleaded imputations are rejected, as the imputations are sufficiently clear, capable of arising, and properly pleaded including as fallback.

Court Disposition

Defendant's objections to the plaintiff's imputations rejected. Defendant to pay the plaintiff's costs of today's argument.

Orders

  • Defendant's objections to the plaintiff's imputations rejected.
  • Defendant to pay the plaintiff's costs of today's argument.