Oeiuk v Seven West Media Ltd [2016] NSWSC 1190

Oeiuk v Seven West Media Ltd [2016] NSWSC 1190

The matter complained of, taken as a whole, was capable of conveying the pleaded corruption imputation because its focus was surprise or scepticism as to how the plaintiff amassed a valuable property portfolio while Mayor, suggesting he discharged his mayoral function otherwise than properly. It was also capable of conveying dishonesty or hypocrisy in the terms of imputations (c) and (d). Accordingly, the objections to the pleading failed and the imputations would go to the jury.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Defamation / First Listing Under the Defamation List Practice Note SC CL 4; Separate Question on Objections to Whether Imputations Were Reasonably Capable of Being Carried by the Matter Complained of
Outcome
The objections to the form of the pleading were rejected; each of the imputations will go to the jury; the costs of the first listing are each party's costs in the cause.
Legal Topics
['pleadings' 'imputations' 'capacity of Imputations to Arise From Matter Complained Of' 'jury Trial']
['defamation'] ['pleadings' 'imputations' 'capacity of Imputations to Arise From Matter Complained Of' 'jury Trial']

Case Brief

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Procedural Posture

Defamation / First Listing Under the Defamation List Practice Note SC CL 4; Separate Question on Objections to Whether Imputations Were Reasonably Capable of Being Carried by the Matter Complained of

Legal Issues

  1. 1 ['Whether imputations (a), (c) and (d) were reasonably capable of being carried by the matter complained of' 'Whether the broadcast was capable of conveying that the plaintiff corruptly used his position as Mayor of Auburn City Council to amass a real property fortune' 'Whether the broadcast was capable of conveying that the plaintiff was dishonest or hypocritical in seeking election to the NSW Parliament for private interests as a property developer']

Ratio Decidendi

The matter complained of, taken as a whole, was capable of conveying the pleaded corruption imputation because its focus was surprise or scepticism as to how the plaintiff amassed a valuable property portfolio while Mayor, suggesting he discharged his mayoral function otherwise than properly. It was also capable of conveying dishonesty or hypocrisy in the terms of imputations (c) and (d). Accordingly, the objections to the pleading failed and the imputations would go to the jury.

Court Disposition

The objections to the form of the pleading were rejected; each of the imputations will go to the jury; the costs of the first listing are each party's costs in the cause.

Orders

  • ['The objections to the form of the pleading are rejected.' 'Each of the four imputations will go to the jury.' "The costs of the first listing be each party's costs in the cause."]