COHEN v SIR MOSES MONTEFIORE JEWISH HOME [2003] NSWSC 1094

COHEN v SIR MOSES MONTEFIORE JEWISH HOME [2003] NSWSC 1094

On a fair and reasonable reading of the fourth matter complained of, there was no real connection between any message that the plaintiff's performance was in some unidentified respects less than satisfactory and the provision of an opportunity for him to demonstrate his ability. The fourth matter complained of was therefore incapable as a matter of law of conveying amended imputation d(i). The defendants were predominantly successful before Simpson J, and the defendant was successful on the only real issue before Levine J, so costs were ordered against the plaintiff.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Defamation Proceeding / Determination of Objections to Imputations, Amendment of Imputation, and Costs
Outcome
Verdict entered for the defendant in relation to imputation d(i) with no leave to replead; imputation j(i) amended; plaintiff ordered to pay costs.
Legal Topics
['imputations' 'capacity' 'pleadings' 'costs of Proceedings']
['defamation' 'civil Procedure' 'costs'] ['imputations' 'capacity' 'pleadings' 'costs of Proceedings']

Case Brief

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Procedural Posture

Defamation Proceeding / Determination of Objections to Imputations, Amendment of Imputation, and Costs

Legal Issues

  1. 1 ['Whether the fourth matter complained of was capable as a matter of law of conveying amended imputation d(i).' 'Whether imputation j(i) should be amended in the stated terms.' 'Who should pay the costs of the proceedings before Simpson J and the costs in respect of imputation d(i).']

Ratio Decidendi

On a fair and reasonable reading of the fourth matter complained of, there was no real connection between any message that the plaintiff's performance was in some unidentified respects less than satisfactory and the provision of an opportunity for him to demonstrate his ability. The fourth matter complained of was therefore incapable as a matter of law of conveying amended imputation d(i). The defendants were predominantly successful before Simpson J, and the defendant was successful on the only real issue before Levine J, so costs were ordered against the plaintiff.

Court Disposition

Verdict entered for the defendant in relation to imputation d(i) with no leave to replead; imputation j(i) amended; plaintiff ordered to pay costs.

Orders

  • ['The fourth matter complained of is incapable as a matter of law of conveying the pleaded imputation in (d)(i) as amended. Verdict entered for the defendant in relation to imputation (d)(i) with no leave to replead.' 'Imputation (j)(i) amended to read: "the plaintiff was insensitive to the needs of his congregants...