Noble v Phillips (No 2) [2018] NSWSC 25

Noble v Phillips (No 2) [2018] NSWSC 25

The composite pleading of five disparate publications as a single matter was not reasonably open due to diversity and lack of sufficient interlinking, and would cause confusion and prejudice at trial. The particulars of joint publication liability for the article in The Guardian failed to support a reasonable inference of assent or control. Imputation (a) was struck out for imprecision, while imputations (b) and (c) were allowed to go to the jury.

Jurisdiction
Australia
Judgment Date
06 February 2018
Procedural Posture
Defamation / Interlocutory Ruling on Pleadings
Outcome
Pleadings struck out in part with leave to re-plead, some imputations to go to jury
Legal Topics
['pleading Composite Publications' 'joint Publication Liability' 'imprecise Defamatory Imputations']
['defamation'] ['pleading Composite Publications' 'joint Publication Liability' 'imprecise Defamatory Imputations']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Pleadings

Legal Issues

  1. 1 ['Whether disparate communications may be pleaded as a single publication in defamation' 'Whether particulars support joint publication liability for source' 'Whether imputations are precise enough to go to jury']

Ratio Decidendi

The composite pleading of five disparate publications as a single matter was not reasonably open due to diversity and lack of sufficient interlinking, and would cause confusion and prejudice at trial. The particulars of joint publication liability for the article in The Guardian failed to support a reasonable inference of assent or control. Imputation (a) was struck out for imprecision, while imputations (b) and (c) were allowed to go to the jury.

Court Disposition

Pleadings struck out in part with leave to re-plead, some imputations to go to jury

Orders

  • ['Pleading of first matter complained of struck out with leave to re-plead' 'Pleading as against Dr Phillips and Biolink of publication of the second matter complained of struck out' 'Imputation 9(a) struck out' 'Imputations 9(b) and 9(c) to go to the jury']