Hennessy v Lynch (No. 2) [2006] NSWDC 49

Hennessy v Lynch (No. 2) [2006] NSWDC 49

Imputations relating to the plaintiff's status as a former bankrupt, refusal of credit, comparison to Bin Laden, and harming other people are capable of being defamatory and are sufficiently pleaded to be determined by the jury. An imputation that the plaintiff has no ethics does not arise in the context and is incapable of being conveyed; thus, it is struck out.

Jurisdiction
Australia
Judgment Date
13 October 2006
Procedural Posture
Defamation / Pre Trial Interlocutory (challenge to Pleadings/imputations)
Outcome
Imputation 9(a) struck out; all other challenged imputations will go to the jury.
Legal Topics
['imputations' 'pleading' 'jury Determination of Defamatory Meaning']
['defamation'] ['imputations' 'pleading' 'jury Determination of Defamatory Meaning']

Case Brief

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Procedural Posture

Defamation / Pre Trial Interlocutory (challenge to Pleadings/imputations)

Legal Issues

  1. 1 ['Whether certain pleaded imputations are capable of being defamatory' 'Whether the pleadings of imputations comply with requirements of form and specificity']

Ratio Decidendi

Imputations relating to the plaintiff's status as a former bankrupt, refusal of credit, comparison to Bin Laden, and harming other people are capable of being defamatory and are sufficiently pleaded to be determined by the jury. An imputation that the plaintiff has no ethics does not arise in the context and is incapable of being conveyed; thus, it is struck out.

Court Disposition

Imputation 9(a) struck out; all other challenged imputations will go to the jury.

Orders

  • ['Imputation 6(a) will go to the jury.' 'Imputation 9(a) is struck out.' 'Imputations 9(b) to 9(h) will go to the jury.' 'Imputation 12(a) will go to the jury.' 'Imputations 15(a) to (g) will go to the jury.' "Defendant to pay plaintiff's costs of the argument on 6 October 2006."]