Dawson v Harbour Radio Pty Ltd [2017] NSWSC 124

Imputations 6(iii) and 7(iii) are insufficiently precise given the content of the broadcast and must be struck out with leave to replead, as greater specificity is possible and required.

Jurisdiction: Australia
Judgment Date: 10 February 2017
Procedural Posture: Defamation / First Listing Hearing; Procedural Determination
Outcome: Objection upheld; imputations struck out with leave to replead.
Legal Topics: ['specificity of Imputations' 'procedural Rulings']

['defamation' 'common Law'] ['specificity of Imputations' 'procedural Rulings']

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Procedural Posture

Defamation / First Listing Hearing; Procedural Determination

Legal Issues

1 ['Whether particular imputations in a statement of claim are sufficiently precise in defamation proceedings.']

Ratio Decidendi

Imputations 6(iii) and 7(iii) are insufficiently precise given the content of the broadcast and must be struck out with leave to replead, as greater specificity is possible and required.

Court Disposition

Objection upheld; imputations struck out with leave to replead.

Orders

['Imputations 6(iii) and 7(iii) are struck out with leave to replead.' 'Orders as sought in short minutes.']