Waterhouse v David Syme & Co Ltd & 2 Ors [1999] NSWSC 52

Waterhouse v David Syme & Co Ltd & 2 Ors [1999] NSWSC 52

The imputations that the plaintiff was guilty of murder or torture would require multiple inference drawing from articles whose themes were investigation, suspicion, rumour, silence, fear and speculation, and therefore would not go to the jury. The imputations that the plaintiff caused the murder or torture of George Brown were struck out because the word "caused" was too imprecise and embarrassing. The proceedings against the third defendant were not stayed or otherwise disposed of because the plaintiff had alleged him to be a publisher, and whether the plaintiff could prove that case was a matter for trial.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Defamation Proceedings / Interlocutory Application by the Third Defendant Concerning Imputations as to Capacity and Form, and Joinder
Outcome
The third defendant's application concerning the pleaded imputations was partly successful; some imputations were not to go to the jury, some were struck out, leave was granted to file a Further Amended Statement of Claim, and the proceedings against the third defendant were not stayed or otherwise disposed of.
Legal Topics
['imputations' 'capacity to Defame' 'form of Imputations' 'guilt and Suspicion' 'joinder' 'publication']
['defamation' 'civil Procedure'] ['imputations' 'capacity to Defame' 'form of Imputations' 'guilt and Suspicion' 'joinder' 'publication']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Application by the Third Defendant Concerning Imputations as to Capacity and Form, and Joinder

Legal Issues

  1. 1 ['Whether the pleaded imputations were defective in form or lacked capacity to be conveyed by the matters complained of.' 'Whether imputations alleging that the plaintiff caused the murder or torture of George Brown were too imprecise.' 'Whether imputations alleging guilt involved impermissible inference upon inference from articles conveying investigation, suspicion, rumour, silence, fear and speculation.' 'Whether the proceedings against the third defendant should be stayed or otherwise disposed of on the basis that he should not be joined as a publisher.']

Ratio Decidendi

The imputations that the plaintiff was guilty of murder or torture would require multiple inference drawing from articles whose themes were investigation, suspicion, rumour, silence, fear and speculation, and therefore would not go to the jury. The imputations that the plaintiff caused the murder or torture of George Brown were struck out because the word "caused" was too imprecise and embarrassing. The proceedings against the third defendant were not stayed or otherwise disposed of because the plaintiff had alleged him to be a publisher, and whether the plaintiff could prove that case was a matter for trial.

Court Disposition

The third defendant's application concerning the pleaded imputations was partly successful; some imputations were not to go to the jury, some were struck out, leave was granted to file a Further Amended Statement of Claim, and the proceedings against the third defendant were not stayed or otherwise disposed of.

Orders

  • ['Imputations 4(a), (b) and (e); 6(a), (b) and (e) will not go to the jury.' 'Imputations 4(c) and (d); 6(c) and (d) are struck out.' 'The plaintiff has liberty to file a Further Amended Statement of Claim within 21 days.' "The plaintiff is to pay any costs and expenses incurred by Mr Harris in respect of the...