Dodson v Nationwide News Pty Limited [1999] NSWSC 312

Imputation 8(f) concerning 'fraudulently' is incapable of arising from the publication; other pleaded imputations are capable of arising and will go to the jury.

Jurisdiction: Australia
Judgment Date: 19 March 1999
Procedural Posture: Defamation / Ruling on Pleadings and Capacity of Imputations
Outcome: Partially granted for defendant; verdict entered for defendant on imputation 8(f); other imputations to go to the jury; defendant to pay plaintiff’s costs of today.
Legal Topics: ['imputations' 'capacity' 'difference in Substance']

['defamation'] ['imputations' 'capacity' 'difference in Substance']

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Procedural Posture

Defamation / Ruling on Pleadings and Capacity of Imputations

Legal Issues

1 ['Whether pleaded imputations are capable of arising from the matter complained of under Defamation Act, 1974 s 7A(2)' 'Whether certain words or phrases in the publication are capable of conveying the imputations pleaded']

Ratio Decidendi

Imputation 8(f) concerning 'fraudulently' is incapable of arising from the publication; other pleaded imputations are capable of arising and will go to the jury.

Court Disposition

Partially granted for defendant; verdict entered for defendant on imputation 8(f); other imputations to go to the jury; defendant to pay plaintiff’s costs of today.

Orders

['Verdict entered for defendant in relation to imputation 8(f).' 'Imputations (a) to (e) will go to the jury.' 'Defendant to pay plaintiff’s costs of today.' 'Liberty to file consent orders and directions in Registry.' "Liberty to restore the matter to the defamation list on three days' notice."]