Polias v Ryall [2013] NSWSC 1267

Polias v Ryall [2013] NSWSC 1267

Certain pleaded imputations were struck out as bad in form or incapable of being conveyed, particularly where they constituted conclusions (e.g., being 'odious' or a 'scumbag') not supported by specific acts attributed to the plaintiff. The Court ruled it is for the jury to decide capacity where reasonable, but will strike out matters plainly unsuitable as defamatory matter or where the pleading fails to distil a concrete act or condition. Leave to replead was generally restricted but not entirely precluded, except where clearly unamendable.

Parties
Plaintiff: Nicholas Polias; First Defendant: Tobin Ryall; Second Defendant: Andy Hun Wei Lee; Third Defendant: Sandy Jan; Fourth Defendant: Rhys Gould
Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Interlocutory Applications / Ruling on Objections to Imputations in Defamation Pleadings
Outcome
Objections to certain imputations upheld; several imputations struck out as bad in form or incapable of being conveyed. Leave to replead refused for some matters, reserved for others. Court to hear parties on precise orders.
Legal Topics
Imputations, Objections to Form and Capacity, Leave to Replead, Vulgar Abuse, Pleading Requirements
Defamation Imputations Objections to Form and Capacity Leave to Replead Vulgar Abuse Pleading Requirements

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Parties

Nicholas Polias

Plaintiff

Tobin Ryall

First Defendant

Andy Hun Wei Lee

Second Defendant

Sandy Jan

Third Defendant

Rhys Gould

Fourth Defendant

Procedural Posture

Interlocutory Applications / Ruling on Objections to Imputations in Defamation Pleadings

Legal Issues

  1. 1 Whether certain pleaded imputations in defamation are objectionable as to form or capacity
  2. 2 Whether plaintiff should be granted leave to replead certain imputations

Ratio Decidendi

Certain pleaded imputations were struck out as bad in form or incapable of being conveyed, particularly where they constituted conclusions (e.g., being 'odious' or a 'scumbag') not supported by specific acts attributed to the plaintiff. The Court ruled it is for the jury to decide capacity where reasonable, but will strike out matters plainly unsuitable as defamatory matter or where the pleading fails to distil a concrete act or condition. Leave to replead was generally restricted but not entirely precluded, except where clearly unamendable.

Court Disposition

Objections to certain imputations upheld; several imputations struck out as bad in form or incapable of being conveyed. Leave to replead refused for some matters, reserved for others. Court to hear parties on precise orders.