Crespin v Channel Seven Sydney Pty Ltd [2015] NSWDC 24

Crespin v Channel Seven Sydney Pty Ltd [2015] NSWDC 24

Words such as 'callous' and 'ratbag' are capable of clear imputation in the relevant context and are not defective in form for the purposes of the jury's consideration; terms with overlapping or unclear distinctions such as 'swindled'/'conned' should be pleaded in the alternative; insufficiently particularised allegations and damages claims must be clarified to inform the defendants of the case they must meet.

Jurisdiction
Australia
Judgment Date
30 January 2015
Procedural Posture
Civil / Interlocutory Decision on Pleadings and Capacity of Imputations
Outcome
Orders on interlocutory objections to pleadings and procedure; some imputations struck out with leave to replead, others to proceed to jury; costs in the cause.
Legal Topics
['pleadings' 'form and Capacity of Imputations' 'objection to Pleadings' 'strike Out Applications']
['tort' 'defamation'] ['pleadings' 'form and Capacity of Imputations' 'objection to Pleadings' 'strike Out Applications']

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Procedural Posture

Civil / Interlocutory Decision on Pleadings and Capacity of Imputations

Legal Issues

  1. 1 ['Whether specific pleaded defamatory imputations are defective in form or lack capacity to be put to the jury' 'Whether certain imputations should be struck out or allowed to proceed' 'Requirements for pleading particulars of publication and damages']

Ratio Decidendi

Words such as 'callous' and 'ratbag' are capable of clear imputation in the relevant context and are not defective in form for the purposes of the jury's consideration; terms with overlapping or unclear distinctions such as 'swindled'/'conned' should be pleaded in the alternative; insufficiently particularised allegations and damages claims must be clarified to inform the defendants of the case they must meet.

Court Disposition

Orders on interlocutory objections to pleadings and procedure; some imputations struck out with leave to replead, others to proceed to jury; costs in the cause.

Orders

  • ["Defendants' objection to imputations 5(b), 5(l), 7(b) and 7(l) dismissed; these imputations to go to the jury." 'Imputations 5(d) and 5(f), and 7(d) and 7(f), to be pleaded as alternatives.' 'Imputations 5(g) and 7(g) struck out with leave to replead.' 'Imputations 5(e) and 7(e) struck out with leave to replead.'...