Auslotus Pty Ltd t/as True Sabai Massage v Special Broadcasting Service Corporation [2018] NSWSC 1640

Auslotus Pty Ltd t/as True Sabai Massage v Special Broadcasting Service Corporation [2018] NSWSC 1640

The defendant's objections were rejected because the challenged imputations were not untenable: the risk-to-life imputations should be assessed by a jury familiar with current community knowledge and standards; the language of "sex slaves" and "human trafficking" was capable of conveying threats of violence; and it was arguable that a company could issue threats through its officers even though it could not itself physically assault anyone.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Defamation Proceedings / Procedural Ruling on the Defendant's Objections to the Form of the Pleading and to Imputations Alleged to Be Conveyed
Outcome
The defendant's objections are rejected.
Legal Topics
['imputations' 'reasonable Capability of Conveyance' 'defamation Pleading Objections' 'corporate Plaintiff']
['defamation' 'civil Procedure'] ['imputations' 'reasonable Capability of Conveyance' 'defamation Pleading Objections' 'corporate Plaintiff']

Case Brief

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Procedural Posture

Defamation Proceedings / Procedural Ruling on the Defendant's Objections to the Form of the Pleading and to Imputations Alleged to Be Conveyed

Legal Issues

  1. 1 ["Whether imputations that the plaintiffs put clients' and employees' lives at risk through unsafe or unprotected sex practices were reasonably capable of being conveyed by the broadcast." 'Whether an imputation that the plaintiffs forced employees to provide illegal sex services by threats of violence was reasonably capable of being conveyed by references including "sex slaves" and "human trafficking".' 'Whether the imputation concerning threats of violence was capable of being conveyed in respect of the corporate plaintiff.']

Ratio Decidendi

The defendant's objections were rejected because the challenged imputations were not untenable: the risk-to-life imputations should be assessed by a jury familiar with current community knowledge and standards; the language of "sex slaves" and "human trafficking" was capable of conveying threats of violence; and it was arguable that a company could issue threats through its officers even though it could not itself physically assault anyone.

Court Disposition

The defendant's objections are rejected.

Orders

  • ["The defendant is to pay the plaintiffs' costs of today's argument."]