Bennison v O'Neil [2012] NSWSC 360

Bennison v O'Neil [2012] NSWSC 360

The pleaded imputations were not capable of being conveyed. The alleged failure to declare a conflict of interest depended on strained inference and logical deduction rather than anything said by the defendant. Although the defendant initially stated that the plaintiff had been auditor of Lane Cove Alive in a context concerning conflicts of interest, the immediate contradiction by the plaintiff and the defendant's prompt acceptance and withdrawal of the allegation so swamped any potential defamatory meaning that no fair-minded listener could infer the plaintiff held that role. The misuse and unfitness imputations also failed insofar as they depended on the rejected auditor/conflict...

Jurisdiction
Australia
Judgment Date
13 April 2012
Procedural Posture
Defamation Proceedings / Interlocutory Strike Out Application Concerning Objections to Pleaded Imputations
Outcome
Plaintiff's imputations struck out with leave to re-plead.
Legal Topics
['strike Out Application' 'capacity of Matter Complained of to Convey Imputations' 'local Council Meeting' 'bane and Antidote' 'conflict of Interest Imputations']
['defamation' 'civil Procedure'] ['strike Out Application' 'capacity of Matter Complained of to Convey Imputations' 'local Council Meeting' 'bane and Antidote' 'conflict of Interest Imputations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Interlocutory Strike Out Application Concerning Objections to Pleaded Imputations

Legal Issues

  1. 1 ['Whether the matter complained of was capable of conveying that Councillor Scott Bennison breached obligations by failing to declare a conflict of interest as auditor of Lane Cove Alive.' 'Whether the matter complained of was capable of conveying that Scott Bennison acted in a conflict of interest by being both a councillor and auditor of Lane Cove Alive.' 'Whether the matter complained of was capable of conveying that Scott Bennison misused his position as a councillor by threatening two local community members for criticising Lane Cove Alive.' 'Whether the matter complained of was capable of conveying that Scott Bennison was unfit to be a councillor because he failed to disclose a conflict of interest and threatened two local community members.']

Ratio Decidendi

The pleaded imputations were not capable of being conveyed. The alleged failure to declare a conflict of interest depended on strained inference and logical deduction rather than anything said by the defendant. Although the defendant initially stated that the plaintiff had been auditor of Lane Cove Alive in a context concerning conflicts of interest, the immediate contradiction by the plaintiff and the defendant's prompt acceptance and withdrawal of the allegation so swamped any potential defamatory meaning that no fair-minded listener could infer the plaintiff held that role. The misuse and unfitness imputations also failed insofar as they depended on the rejected auditor/conflict...

Court Disposition

Plaintiff's imputations struck out with leave to re-plead.

Orders

  • ['Imputations (a) and (aA) struck out for want of capacity.' 'Imputation (b) struck out for want of capacity.' 'Imputation (c) struck out insofar as it referred to conflict of interest or failure to disclose a conflict of interest.' 'Plaintiff granted leave to re-plead.']