Moses v State of New South Wales (No. 2) [2009] NSWDC 99

Moses v State of New South Wales (No. 2) [2009] NSWDC 99

Imputations concerning condition and acts can both be pleaded when the facts justify it; an imputation that the plaintiff was arrested for criminal activities was neither conveyed nor separately defamatory when considered in context; and requiring further verified particulars is unnecessary where the plaintiffs have already provided the best available particulars and publication is not seriously in doubt.

Jurisdiction
Australia
Judgment Date
21 May 2009
Procedural Posture
Civil / Interlocutory Application / Pleadings Amendment
Outcome
Interlocutory: leave to amend statement of claim; certain imputations withdrawn or struck out; defendant's application for verification of particulars refused; costs ordered against plaintiffs; matter stood over for directions.
Legal Topics
['imputations' 'particulars of Publication' 'striking Out Pleadings' 'defamatory Meaning']
['tort' 'defamation'] ['imputations' 'particulars of Publication' 'striking Out Pleadings' 'defamatory Meaning']

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Procedural Posture

Civil / Interlocutory Application / Pleadings Amendment

Legal Issues

  1. 1 ['Whether pleaded imputations differ in substance' 'Whether pleading both general and specific imputations permissible' 'Whether imputation concerning arrest is capable of being defamatory' 'Whether further particulars of publication must be verified']

Ratio Decidendi

Imputations concerning condition and acts can both be pleaded when the facts justify it; an imputation that the plaintiff was arrested for criminal activities was neither conveyed nor separately defamatory when considered in context; and requiring further verified particulars is unnecessary where the plaintiffs have already provided the best available particulars and publication is not seriously in doubt.

Court Disposition

Interlocutory: leave to amend statement of claim; certain imputations withdrawn or struck out; defendant's application for verification of particulars refused; costs ordered against plaintiffs; matter stood over for directions.

Orders

  • ['Leave to file Further Amended Statement of Claim granted.' "Plaintiffs to pay defendant's costs thrown away by reason of the amendment." 'Leave to withdraw imputation 4(a) granted.' 'Imputation 6(c) struck out.' "Plaintiffs to file a First Further Amended Statement of Claim deleting imputations 4(a) and 6(c),...