Jordan v Nationwide News Pty Ltd [2016] NSWSC 1055

Jordan v Nationwide News Pty Ltd [2016] NSWSC 1055

Even applying the required caution and generosity at the capacity stage, the matters complained of were wholly incapable of attributing to Mr Jordan prior knowledge of, direction of, or control over the reported events, and therefore imputations 5(a) to 5(c)(i) would not go to the jury. The article was, however, capable of conveying defamatory meanings about Mr Jordan, and imputations 5(e) and 5(f) adequately captured the kind of defamatory sting conveyed by the matter complained of and were reasonably capable of arising.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Defamation Proceedings / First Listing in the Defamation List; Rulings on Whether Pleaded Imputations Were Reasonably Capable of Being Carried by the Matters Complained Of, Standing as Determination of a Separate Question
Outcome
Imputations 5(a) to 5(c)(i) ruled not to go to the jury; imputations 5(e) and 5(f) ruled to go to the jury; plaintiff granted leave to re-plead and ordered to pay half the defendants' costs of the argument.
Legal Topics
['defamatory Meaning' 'capacity of Matter Complained of to Carry Imputations' 'separate Question' 'leave to Re Plead' 'costs']
['defamation' 'civil Procedure'] ['defamatory Meaning' 'capacity of Matter Complained of to Carry Imputations' 'separate Question' 'leave to Re Plead' 'costs']

Case Brief

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Procedural Posture

Defamation Proceedings / First Listing in the Defamation List; Rulings on Whether Pleaded Imputations Were Reasonably Capable of Being Carried by the Matters Complained Of, Standing as Determination of a Separate Question

Legal Issues

  1. 1 ["Whether the matters complained of were reasonably capable of conveying the plaintiff's pleaded imputations 5(a) to 5(c)(i) alleging direction of, or gross negligence in failing to prevent, crimes of conspiracy to kidnap, assault and kidnapping." 'Whether the matters complained of were reasonably capable of conveying imputations 5(e) and 5(f) concerning the plaintiff being General Manager of a security contracting company which employed an operative to assist in the kidnapping of two children and had two operatives detained in Lebanon on kidnapping, assault and conspiracy charges.' 'Whether the plaintiff should have leave to re-plead.']

Ratio Decidendi

Even applying the required caution and generosity at the capacity stage, the matters complained of were wholly incapable of attributing to Mr Jordan prior knowledge of, direction of, or control over the reported events, and therefore imputations 5(a) to 5(c)(i) would not go to the jury. The article was, however, capable of conveying defamatory meanings about Mr Jordan, and imputations 5(e) and 5(f) adequately captured the kind of defamatory sting conveyed by the matter complained of and were reasonably capable of arising.

Court Disposition

Imputations 5(a) to 5(c)(i) ruled not to go to the jury; imputations 5(e) and 5(f) ruled to go to the jury; plaintiff granted leave to re-plead and ordered to pay half the defendants' costs of the argument.

Orders

  • ['Imputations 5(a) to 5(c)(i) will not go to the jury.' 'Imputations 5(e) and 5(f) will go to the jury.' 'The plaintiff has leave to re-plead.' "The plaintiff pay half the defendants' costs of the argument."]