Anderson v News Digital Media Pty Limited [2015] NSWSC 1952

Anderson v News Digital Media Pty Limited [2015] NSWSC 1952

Imputations (a), (b), (c), (f) and (g) are capable of being conveyed and will go to the jury; imputation (d) is not pressed, and leave is granted to replead imputation (e). The principles for capacity and striking out imputations require a high threshold which was not met by the defendants' objections.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Defamation / First Listing; Ruling on Objections to Imputations
Outcome
Objections largely dismissed; certain imputations to go to the jury; leave granted to replead imputation (e).
Legal Topics
['imputations' 'pleadings' 'capacity Objections']
['defamation' 'common Law'] ['imputations' 'pleadings' 'capacity Objections']

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Procedural Posture

Defamation / First Listing; Ruling on Objections to Imputations

Legal Issues

  1. 1 ['Whether the pleaded imputations are reasonably capable of being conveyed and are not bad in form' 'Whether particular terms within imputations are imprecise' 'Whether certain imputations require impermissible inference upon inference']

Ratio Decidendi

Imputations (a), (b), (c), (f) and (g) are capable of being conveyed and will go to the jury; imputation (d) is not pressed, and leave is granted to replead imputation (e). The principles for capacity and striking out imputations require a high threshold which was not met by the defendants' objections.

Court Disposition

Objections largely dismissed; certain imputations to go to the jury; leave granted to replead imputation (e).

Orders

  • ['Imputations (a), (b), (c), (f) and (g) will go to the jury.' 'Imputation (d) is not pressed.' 'Imputation (e) is not pressed; leave is granted to the plaintiff to replead imputation (e).']