Kazal v Fairfax Media Publications Pty Limited [2015] NSWSC 1336

Kazal v Fairfax Media Publications Pty Limited [2015] NSWSC 1336

The objections to form and capacity regarding certain imputations, particularly those using the word 'corruptly', can be cured by repleading with clarifying language to indicate the precise meaning intended. Where the amendment sufficiently clarifies the impugned term, the imputation is not bad in form and is capable of arising from the publications complained of.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Defamation Proceedings / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave granted to the plaintiff to file an amended statement of claim in accordance with the court's rulings on the form and capacity objections, with costs reserved.
Legal Topics
['pleadings' 'imputations' 'application for Leave to Amend' 'objections to Form and Capacity' "meaning of 'corruptly'"]
['practice and Procedure' 'defamation'] ['pleadings' 'imputations' 'application for Leave to Amend' 'objections to Form and Capacity' "meaning of 'corruptly'"]

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Procedural Posture

Defamation Proceedings / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ["Whether the word 'corruptly' renders proposed imputations bad in form in defamation pleadings" 'Whether form or capacity objections to proposed imputations should be upheld or cured by amendment']

Ratio Decidendi

The objections to form and capacity regarding certain imputations, particularly those using the word 'corruptly', can be cured by repleading with clarifying language to indicate the precise meaning intended. Where the amendment sufficiently clarifies the impugned term, the imputation is not bad in form and is capable of arising from the publications complained of.

Court Disposition

Leave granted to the plaintiff to file an amended statement of claim in accordance with the court's rulings on the form and capacity objections, with costs reserved.

Orders

  • ['Grant leave to the plaintiff to file an amended statement of claim subject to specified amendments and rulings on particular paragraphs.' 'Costs reserved; parties to inform the Associate of agreement or provide written submissions within specified timeframes.' "Liberty to apply on two days' notice."]