Cartwright v Davis & Anor [2000] NSWSC 1151

Cartwright v Davis & Anor [2000] NSWSC 1151

The matter complained of is as a matter of law capable of conveying each of the pleaded imputations, given the language and tenor of the broadcast and the cumulative effect upon a reasonable listener.

Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Defamation / Hearing on Question of Law (capability of Imputations)
Outcome
Imputations capable; matter proceeds to defence and jury.
Legal Topics
['imputations' 'capacity' 'radio Broadcast' 'defamation Act 1974']
['defamation'] ['imputations' 'capacity' 'radio Broadcast' 'defamation Act 1974']

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Procedural Posture

Defamation / Hearing on Question of Law (capability of Imputations)

Legal Issues

  1. 1 ['Whether the published material is capable of conveying the pleaded defamatory imputations']

Ratio Decidendi

The matter complained of is as a matter of law capable of conveying each of the pleaded imputations, given the language and tenor of the broadcast and the cumulative effect upon a reasonable listener.

Court Disposition

Imputations capable; matter proceeds to defence and jury.

Orders

  • ['Defendant to file a defence limited to the joinder of issue upon matters reserved to a jury under section 7A of the Defamation Act within 14 days.' 'Plaintiff to lodge an amended form of schedule A within 14 days.' "Defendant to pay the plaintiff's costs." 'Matter placed in the holding list.']