Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 1486

Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 1486

The court held that specific imputations pleaded by the plaintiffs were imprecise, rhetorical, or otherwise incapable of arising from the subject articles, and should therefore be struck out. Plaintiffs were granted leave to amend the pleadings to address these deficiencies.

Jurisdiction
Australia
Judgment Date
21 December 2010
Procedural Posture
Defamation / Interlocutory Ruling on Objections to Amended Pleading
Outcome
Imputations identified struck out; leave granted to amend statement of claim
Legal Topics
['imputations' 'objections as to Capacity and Form of Pleadings' 'defamation in Print and Online Media']
['defamation' 'media Law'] ['imputations' 'objections as to Capacity and Form of Pleadings' 'defamation in Print and Online Media']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Objections to Amended Pleading

Legal Issues

  1. 1 ['Whether certain pleaded imputations are sufficiently precise and capable of arising from the publications' 'Whether the form and substance of the imputations comply with prior rulings and principles for pleading in defamation cases']

Ratio Decidendi

The court held that specific imputations pleaded by the plaintiffs were imprecise, rhetorical, or otherwise incapable of arising from the subject articles, and should therefore be struck out. Plaintiffs were granted leave to amend the pleadings to address these deficiencies.

Court Disposition

Imputations identified struck out; leave granted to amend statement of claim

Orders

  • ['The following imputations are struck out: 12(a), 12(b), 12(d), 12(e), 12(h), 12(i), 12(j); 14(a), 14(b), 14(d), 14(e), 14(h), 14(i), 14(j); 17(a), 17(b), 17(d), 17(f), 17(g), 17(i), 17(j), 17(k), 17(m)' 'Plaintiffs granted leave to file an amended pleading described as the further amended statement of claim']