Bryant & Ors v Nationwide News Pty Limited [1999] NSWSC 360

Bryant & Ors v Nationwide News Pty Limited [1999] NSWSC 360

Imputations 5(c) and 7(d) were not capable of arising from the respective matters complained of because, on a fair reading, the publications attributed blame for the students' HSC results to the system, resources, the department or society rather than solely to the students' lack of application and academic self-discipline. The libel-of-a-class considerations did not otherwise operate to exclude appropriately drawn imputations remaining on the record.

Jurisdiction
Australia
Judgment Date
21 April 1999
Procedural Posture
Defamation / Application Concerning Whether Pleaded Imputations Had Capacity to Go to the Jury
Outcome
Imputations 5(c) and 7(d) were held not capable of arising and will not go to the jury; costs were reserved.
Legal Topics
['imputations' 'capacity' 'libel of a Class' 'identification']
['defamation'] ['imputations' 'capacity' 'libel of a Class' 'identification']

Case Brief

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Procedural Posture

Defamation / Application Concerning Whether Pleaded Imputations Had Capacity to Go to the Jury

Legal Issues

  1. 1 ['Whether imputation 5(c), that the plaintiffs were so lacking in application and academic self-discipline that each failed his or her HSC, was capable of arising from the first matter complained of.' 'Whether imputation 7(d), in the same terms, was capable of arising from the editorial.' 'Whether the principle relating to libel of a class precluded, as a matter of capacity, imputations from being available to the individual plaintiffs.']

Ratio Decidendi

Imputations 5(c) and 7(d) were not capable of arising from the respective matters complained of because, on a fair reading, the publications attributed blame for the students' HSC results to the system, resources, the department or society rather than solely to the students' lack of application and academic self-discipline. The libel-of-a-class considerations did not otherwise operate to exclude appropriately drawn imputations remaining on the record.

Court Disposition

Imputations 5(c) and 7(d) were held not capable of arising and will not go to the jury; costs were reserved.

Orders

  • ['Imputations 5(c) and 7(d) will not go to the jury.' 'Liberty to restore to the Defamation List on 3 days notice.']