Louise v DailyMail.com Australia Pty Ltd [2014] NSWDC 177

Louise v DailyMail.com Australia Pty Ltd [2014] NSWDC 177

Imputations 4(a) and 4(b) are inconsistent and must be pleaded in the alternative; imputations 4(e), 6(c), and 6(d) are vague, ambiguous, or rhetorical and should be struck out; only those imputations that are sufficiently clear and capable of being conveyed to an ordinary reader will go to the jury.

Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Interlocutory Application / Ruling on Pleadings and Capacity/strike Out Objections
Outcome
Orders made regarding the form of pleadings and striking out of certain imputations
Legal Topics
['defamation' 'imputations' 'pleading' 'strike Out Application']
['tort'] ['defamation' 'imputations' 'pleading' 'strike Out Application']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Pleadings and Capacity/strike Out Objections

Legal Issues

  1. 1 ['Whether certain pleaded imputations are reasonably capable of being conveyed to the ordinary reasonable reader' 'Whether certain imputations are defective in form or ambiguous and should be struck out' 'Whether inconsistent imputations can be pleaded together or only as alternatives']

Ratio Decidendi

Imputations 4(a) and 4(b) are inconsistent and must be pleaded in the alternative; imputations 4(e), 6(c), and 6(d) are vague, ambiguous, or rhetorical and should be struck out; only those imputations that are sufficiently clear and capable of being conveyed to an ordinary reader will go to the jury.

Court Disposition

Orders made regarding the form of pleadings and striking out of certain imputations

Orders

  • ['Imputations 4(a) and 4(b) are to be pleaded in the alternative and will go to the jury.' 'Imputations 4(c), 4(d), 6(a) and 6(b) will go to the jury.' 'Imputations 4(e), 6(c) and 6(d) are struck out.' 'Plaintiff to file and serve Amended Statement of Claim in 14 days.' 'Matter stood over to the Defamation List on...