Hanson-Young v Bauer Media Limited [2013] NSWSC 1306

Hanson-Young v Bauer Media Limited [2013] NSWSC 1306

Although the article would plainly be understood as a joke of sorts, it could not be concluded that it was incapable of being defamatory of Senator Hanson-Young. However, imputation 4A was bad in form because it was rhetorical and did not attribute an act or condition to the plaintiff; imputation 4B was bad in form because it attributed ridiculousness to the plaintiff's political stance rather than to the plaintiff; and the true innuendoes in imputations 5A and 5B were not capable of arising because the matter complained of was not capable of attributing incompetence or immaturity to the plaintiff.

Jurisdiction
Australia
Judgment Date
11 September 2013
Procedural Posture
Defamation Proceedings / Interlocutory Applications: Defendant's Objections to the Plaintiff's Imputations
Outcome
Plaintiff's imputations struck out with leave to replead.
Legal Topics
['imputations' 'capacity to Convey Defamatory Meaning' 'ridicule' 'humour or Parody' 'true Innuendoes' 'pleading Form']
['defamation'] ['imputations' 'capacity to Convey Defamatory Meaning' 'ridicule' 'humour or Parody' 'true Innuendoes' 'pleading Form']

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Procedural Posture

Defamation Proceedings / Interlocutory Applications: Defendant's Objections to the Plaintiff's Imputations

Legal Issues

  1. 1 ['Whether the article was capable of conveying the imputation that the plaintiff is not a politician to be taken seriously.' 'Whether the imputation that the plaintiff is not a politician to be taken seriously was capable of being defamatory or was bad in form.' "Whether the imputation that the plaintiff's pro-asylum seeker stance is ridiculous was bad in form because it attributed ridiculousness to a political stance rather than to an act or condition of the plaintiff." 'Whether the pleaded true innuendoes imputing incompetence and immaturity were capable of arising from the matter complained of with the pleaded extrinsic facts.']

Ratio Decidendi

Although the article would plainly be understood as a joke of sorts, it could not be concluded that it was incapable of being defamatory of Senator Hanson-Young. However, imputation 4A was bad in form because it was rhetorical and did not attribute an act or condition to the plaintiff; imputation 4B was bad in form because it attributed ridiculousness to the plaintiff's political stance rather than to the plaintiff; and the true innuendoes in imputations 5A and 5B were not capable of arising because the matter complained of was not capable of attributing incompetence or immaturity to the plaintiff.

Court Disposition

Plaintiff's imputations struck out with leave to replead.

Orders

  • ['Imputation 4A struck out as bad in form.' 'Imputation 4B struck out with leave to replead.' 'Imputations 5A and 5B should not go to the jury.' 'Plaintiff granted leave to replead the true innuendoes.']