MARKOU & ANOR v NATIONWIDE NEWS PTY LTD [2002] NSWSC 1055

MARKOU & ANOR v NATIONWIDE NEWS PTY LTD [2002] NSWSC 1055

Imputations (d) and (i) are incapable of arising as they are rhetorical restatements of (b) and (g); only imputations (b) and (g) regarding bashing Bob Fulton are capable of being carried and of being defamatory, and thus will go to the jury.

Parties
First Plaintiff: Billy Markou; Second Plaintiff: Sam Markou; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
04 November 2002
Procedural Posture
Defamation / Interlocutory Orders on Imputations Before Jury Trial
Outcome
Interlocutory judgment; certain imputations struck out; costs ordered
Legal Topics
Imputations, S7 a Trial Orders, Defamatory Meaning
Defamation Imputations S7 a Trial Orders Defamatory Meaning

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Billy Markou

First Plaintiff

Sam Markou

Second Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Defamation / Interlocutory Orders on Imputations Before Jury Trial

Legal Issues

  1. 1 Which pleaded imputations are capable of being carried and capable of being defamatory
  2. 2 Whether certain imputations are rhetorical and add nothing to the sting

Ratio Decidendi

Imputations (d) and (i) are incapable of arising as they are rhetorical restatements of (b) and (g); only imputations (b) and (g) regarding bashing Bob Fulton are capable of being carried and of being defamatory, and thus will go to the jury.

Court Disposition

Interlocutory judgment; certain imputations struck out; costs ordered

Orders

  • Only imputations 3(b) (first plaintiff) and 3(g) (second plaintiff) to go to jury
  • Imputations (d) and (i) held incapable of arising