Karandonis v Nationwide News Pty Ltd [2009] NSWDC 166

Karandonis v Nationwide News Pty Ltd [2009] NSWDC 166

The article portrayed the dispute between the plaintiff and Mr Delezio even-handedly and sympathetically, referring to mediation, resolved disputes and the Delezios' personal reactions rather than any fault of the plaintiff. It did not identify any act or condition of the plaintiff capable of conveying wrongdoing, greed, selfishness, or that the plaintiff caused the relationship breakdown or allowed a personal dispute to become a row. The pleaded and proposed imputations were therefore incapable of arising and were struck out, with leave to replead.

Jurisdiction
Australia
Judgment Date
02 July 2009
Procedural Posture
Civil Defamation Proceedings / Application to Determine Separate Questions of Law and Strike Out Imputations
Outcome
Plaintiff's imputations and proposed alternatives struck out with leave to replead; plaintiff ordered to pay the first defendant's costs.
Legal Topics
['capacity of Imputations' 'strike Out of Pleadings' 'separate Questions of Law' 'ordinary Reasonable Reader']
['tort' 'defamation' 'civil Procedure'] ['capacity of Imputations' 'strike Out of Pleadings' 'separate Questions of Law' 'ordinary Reasonable Reader']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Application to Determine Separate Questions of Law and Strike Out Imputations

Legal Issues

  1. 1 ["Whether the plaintiff's pleaded imputations were reasonably capable of arising from the matter complained of." "Whether the plaintiff's proposed alternative imputations of greed, financial motivation or allowing a dispute to become a row were reasonably capable of being conveyed." 'Whether the imputations should be struck out under r 14.28(1) Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

The article portrayed the dispute between the plaintiff and Mr Delezio even-handedly and sympathetically, referring to mediation, resolved disputes and the Delezios' personal reactions rather than any fault of the plaintiff. It did not identify any act or condition of the plaintiff capable of conveying wrongdoing, greed, selfishness, or that the plaintiff caused the relationship breakdown or allowed a personal dispute to become a row. The pleaded and proposed imputations were therefore incapable of arising and were struck out, with leave to replead.

Court Disposition

Plaintiff's imputations and proposed alternatives struck out with leave to replead; plaintiff ordered to pay the first defendant's costs.

Orders

  • ["Plaintiff's imputations (a)-(f) and proposed alternatives (g)-(j) are struck out with leave to replead." 'Reserve the position of the plaintiff and second defendant in relation to this application.' "Plaintiff pay first defendant's costs." 'Amended Statement of Claim in 7 days.' 'Judge Gibson to email reasons for...