Dank v Whittaker (No 2) [2013] NSWSC 1064

Dank v Whittaker (No 2) [2013] NSWSC 1064

The murder imputations were incapable of arising, or bad in form for ambiguity, because the articles did not convey deliberate killing and the pleaded murder meanings were ambiguous when limited to recklessness. Imputations alleging acceleration of death or potential criminal action were bad in form where they failed to distil a defamatory act or condition. The "wrongfully" imputations were bad in form because the word's import was unclear. The "cancer-causing" supplements imputation was tenuous but capable of being conveyed to an ordinary reasonable reader from the reported material. The imputation that multiple football players were exposed to illness or death by injections of...

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Defamation Proceedings / Interlocutory Applications Concerning Objections to the Form and Capacity of Pleaded Imputations
Outcome
Rulings made on the form and capacity of imputations; some imputations liable to be struck out; parties directed to bring in short minutes of order.
Legal Topics
['imputations' 'capacity to Convey Defamatory Meaning' 'bad Form' 'ambiguity' 'defamatory Act or Condition' 'shunned and Avoided']
['defamation'] ['imputations' 'capacity to Convey Defamatory Meaning' 'bad Form' 'ambiguity' 'defamatory Act or Condition' 'shunned and Avoided']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Applications Concerning Objections to the Form and Capacity of Pleaded Imputations

Legal Issues

  1. 1 ['Whether the newspaper articles were capable of conveying imputations that the plaintiff was a murderer or murdered Jon Mannah.' "Whether imputations alleging that the plaintiff accelerated Jon Mannah's death were bad in form for failing to identify a defamatory act or condition." 'Whether imputations containing the word "wrongfully" were bad in form for uncertainty.' 'Whether an imputation that the plaintiff administered dangerous and cancer-causing supplements to football players was capable of being conveyed.' 'Whether an imputation that the plaintiff exposed football players to illness or death by injecting peptides CJC-1295 and GHRP-6 was capable of being conveyed.' 'Whether an imputation that the plaintiff faced potential criminal action by NSW Police Force detectives distilled a clear defamatory act or condition.']

Ratio Decidendi

The murder imputations were incapable of arising, or bad in form for ambiguity, because the articles did not convey deliberate killing and the pleaded murder meanings were ambiguous when limited to recklessness. Imputations alleging acceleration of death or potential criminal action were bad in form where they failed to distil a defamatory act or condition. The "wrongfully" imputations were bad in form because the word's import was unclear. The "cancer-causing" supplements imputation was tenuous but capable of being conveyed to an ordinary reasonable reader from the reported material. The imputation that multiple football players were exposed to illness or death by injections of...

Court Disposition

Rulings made on the form and capacity of imputations; some imputations liable to be struck out; parties directed to bring in short minutes of order.

Orders

  • ['In proceedings 2013/157114 and 2013/157118, imputations (a) and (b) must be struck out as incapable of arising or bad in form for ambiguity.' 'In proceedings 2013/157114 and 2013/157118, imputation (c) is liable to be struck out for failing to identify a defamatory condition and for ambiguity.' 'In proceedings...