Ainsworth v Free Media Pty Ltd [2009] NSWDC 144

Ainsworth v Free Media Pty Ltd [2009] NSWDC 144

Imputations (a), (b), (c), (d), (e), (k), (m) were struck out as they were either not conveyed, not clear enough, or failed to meet the test of capacity to be defamatory; Imputations (f), (g), (h), (i), (j), (l) were found capable of being conveyed by the publication and capable of having defamatory meaning, so should remain for trial. Leave was granted to the plaintiff to amend the statement of claim.

Parties
Plaintiff: Phillip Ainsworth; Defendant: Free Media Pty Ltd
Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Civil / Interlocutory Application Addressing Strike Out of Pleadings and Costs Orders
Outcome
Imputations (f), (g), (h), (i), (j), and (l) allowed to proceed; others struck out. Leave granted to amend statement of claim. Costs orders made.
Legal Topics
Imputations, Capacity, Costs
Tort Defamation Imputations Capacity Costs

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Parties

Phillip Ainsworth

Plaintiff

Free Media Pty Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application Addressing Strike Out of Pleadings and Costs Orders

Legal Issues

  1. 1 Whether pleaded imputations are capable of being conveyed by the publication
  2. 2 Whether the pleaded imputations are capable of having defamatory meaning
  3. 3 Whether some imputations should be struck out for lack of clarity, precision, or substance

Ratio Decidendi

Imputations (a), (b), (c), (d), (e), (k), (m) were struck out as they were either not conveyed, not clear enough, or failed to meet the test of capacity to be defamatory; Imputations (f), (g), (h), (i), (j), (l) were found capable of being conveyed by the publication and capable of having defamatory meaning, so should remain for trial. Leave was granted to the plaintiff to amend the statement of claim.

Court Disposition

Imputations (f), (g), (h), (i), (j), and (l) allowed to proceed; others struck out. Leave granted to amend statement of claim. Costs orders made.

Orders

  • Imputations (a), (b), (c), (d), (e), (k), and (m) struck out.
  • Imputations (f), (g), (h), (i), (j), and (l) are capable of being conveyed and having a defamatory meaning.