LOO v REGIONAL PUBLISHERS PTY LTD [2003] NSWSC 834

LOO v REGIONAL PUBLISHERS PTY LTD [2003] NSWSC 834

The publications, when read with the pleaded extrinsic facts and context, were capable of carrying the pleaded imputations. The Defendant's application to have the imputations found incapable of arising was dismissed.

Jurisdiction
Australia
Judgment Date
06 August 2003
Procedural Posture
Defamation / Defendant's Application as to Incapability of Imputations Arising
Outcome
Defendant's application dismissed with costs
Legal Topics
['imputations' 'true Innuendo' 'extrinsic Facts' 'pleading Standards']
['defamation'] ['imputations' 'true Innuendo' 'extrinsic Facts' 'pleading Standards']

Case Brief

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Procedural Posture

Defamation / Defendant's Application as to Incapability of Imputations Arising

Legal Issues

  1. 1 ['Whether the pleaded imputations were capable of arising from the publications in light of extrinsic facts' 'Whether the extrinsic facts pleaded were established as required by law']

Ratio Decidendi

The publications, when read with the pleaded extrinsic facts and context, were capable of carrying the pleaded imputations. The Defendant's application to have the imputations found incapable of arising was dismissed.

Court Disposition

Defendant's application dismissed with costs

Orders

  • ["The Defendant's application is dismissed with costs"]