Thoms & Anor v John Fairfax Publications Pty Limited [1999] NSWSC 357

Thoms & Anor v John Fairfax Publications Pty Limited [1999] NSWSC 357

Imputations 3(c) and 4(c), relating to corrupt practices and compelled relocation, are capable of arising and will go to the jury; imputations 3(a), 3(b), 4(a), and 4(b) are not supported by the publication, are defective, or insufficiently particularised and will not go to the jury or are struck out. Plaintiffs required to amend pleadings and pay defendant’s costs.

Parties
Plaintiff: Paul Thoms; Second Plaintiff: Thomas Thoms Pty Limited; Defendant: John Fairfax Publications Pty Limited
Jurisdiction
Australia
Judgment Date
21 April 1999
Procedural Posture
Defamation / Interlocutory Determination of Imputations and Pleadings
Outcome
Imputations partly struck out, leave to amend statement of claim, costs order for defendant
Legal Topics
Identification, True Innuendo, Imputations, Capacity, Form
Defamation Identification True Innuendo Imputations Capacity Form

Case Brief

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Parties

Paul Thoms

Plaintiff

Thomas Thoms Pty Limited

Second Plaintiff

John Fairfax Publications Pty Limited

Defendant

Procedural Posture

Defamation / Interlocutory Determination of Imputations and Pleadings

Legal Issues

  1. 1 Whether the publication is 'of and concerning' the plaintiffs
  2. 2 Whether the pleaded imputations are capable of arising and are properly particularised

Ratio Decidendi

Imputations 3(c) and 4(c), relating to corrupt practices and compelled relocation, are capable of arising and will go to the jury; imputations 3(a), 3(b), 4(a), and 4(b) are not supported by the publication, are defective, or insufficiently particularised and will not go to the jury or are struck out. Plaintiffs required to amend pleadings and pay defendant’s costs.

Court Disposition

Imputations partly struck out, leave to amend statement of claim, costs order for defendant

Orders

  • Imputations 3(a) and 4(a) will not go to the jury
  • Imputations 3(b) and 4(b) will be struck out