Hanson-Young v Bauer Media Ltd (No 2) [2013] NSWSC 2029

Hanson-Young v Bauer Media Ltd (No 2) [2013] NSWSC 2029

In the unusual context where the material is satirical and plainly calculated to hold the plaintiff up to ridicule, the pleaded imputations—though some lack perfect clarity—are not to be struck out at the interlocutory stage. The question of whether an imputation such as 'the plaintiff is a joke' meets the ordinary requirement for specifying a defamatory act or condition is best left for determination at trial.

Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Defamation / Interlocutory Application Strike Out Pleadings
Outcome
Defendant's application to strike out imputations refused
Legal Topics
['imputations' 'pleading Requirements' 'ridicule as Defamation' 'specification of Act or Condition']
['defamation'] ['imputations' 'pleading Requirements' 'ridicule as Defamation' 'specification of Act or Condition']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application Strike Out Pleadings

Legal Issues

  1. 1 ['Whether the pleaded imputations are capable of being conveyed by the published material' 'Whether the imputations are specified with sufficient clarity under the rules for pleadings in defamation cases' 'Whether a satirical or ridicule-based imputation must specify a defamatory act or condition']

Ratio Decidendi

In the unusual context where the material is satirical and plainly calculated to hold the plaintiff up to ridicule, the pleaded imputations—though some lack perfect clarity—are not to be struck out at the interlocutory stage. The question of whether an imputation such as 'the plaintiff is a joke' meets the ordinary requirement for specifying a defamatory act or condition is best left for determination at trial.

Court Disposition

Defendant's application to strike out imputations refused

Orders

  • ['Application to strike out each of the imputations is rejected']