LOO v RURAL PRESS PTY LTD [2003] NSWSC 107

LOO v RURAL PRESS PTY LTD [2003] NSWSC 107

The sets of imputations differ in substance, and each imputation, as amended, is capable of being carried by the matters complained of and is capable of being defamatory. The suspicion imputations can be amended to specify the identity of suspicion holders.

Jurisdiction
Australia
Judgment Date
20 February 2003
Procedural Posture
Defamation / Interlocutory Decision Regarding Imputations and Directions to Trial
Outcome
Orders made regarding trial of issues, amendment of pleadings, exchange of outlines of evidence, and costs. Defendant to pay plaintiff’s costs.
Legal Topics
['imputation' 'difference in Substance' 'defamation Act' 'capacity of Publication' 'trial by Jury']
['defamation'] ['imputation' 'difference in Substance' 'defamation Act' 'capacity of Publication' 'trial by Jury']

Case Brief

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Procedural Posture

Defamation / Interlocutory Decision Regarding Imputations and Directions to Trial

Legal Issues

  1. 1 ['Whether sets of imputations differ in substance' "Whether 'suspicion' imputations are defective for lack of identity of suspicion holders" 'Whether each imputation is capable of being carried by the matters complained of and capable of being defamatory']

Ratio Decidendi

The sets of imputations differ in substance, and each imputation, as amended, is capable of being carried by the matters complained of and is capable of being defamatory. The suspicion imputations can be amended to specify the identity of suspicion holders.

Court Disposition

Orders made regarding trial of issues, amendment of pleadings, exchange of outlines of evidence, and costs. Defendant to pay plaintiff’s costs.

Orders

  • ['Matter referred to the list for call up for a s7A trial by jury pursuant to the Defamation Act.' 'Defendant to file defence to relevant issues within 14 days.' 'No requirement for plaintiff to file amended statement of claim if the amendment of suspicion imputations is made clear for the trial.' 'Parties to...