Di Girolamo v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 568

Di Girolamo v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 568

Several pleaded imputations are sufficiently specific and capable of arising from the matters complained of, and will go to the jury. Ambiguity or lack of clarity in certain imputations (e.g., 26(c)) renders them embarrassing or unclear and must be struck out for trial.

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Defamation / Pre Trial Rulings on Pleadings/imputations
Outcome
Objections to most new imputations rejected; most will go to the jury. Certain imputations struck out for ambiguity or lack of clarity.
Legal Topics
['defamation' 'imputations' 'striking Out Pleadings' 'procedural Rulings']
['tort Law'] ['defamation' 'imputations' 'striking Out Pleadings' 'procedural Rulings']

Case Brief

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Procedural Posture

Defamation / Pre Trial Rulings on Pleadings/imputations

Legal Issues

  1. 1 ['Whether pleaded imputations are ambiguous or incapable of arising' 'Whether precise defamatory act or condition is identified in the imputations' 'Significance of the context for imputations']

Ratio Decidendi

Several pleaded imputations are sufficiently specific and capable of arising from the matters complained of, and will go to the jury. Ambiguity or lack of clarity in certain imputations (e.g., 26(c)) renders them embarrassing or unclear and must be struck out for trial.

Court Disposition

Objections to most new imputations rejected; most will go to the jury. Certain imputations struck out for ambiguity or lack of clarity.

Orders

  • ['Imputations 6(a), 6(b), 10(a), 10(b), 14(b) (subject to further clarification), 18(a), 22(a), 22(c), 22(d), and 26(b) will go to the jury.' 'Imputation 26(c) struck out.']