Dank v Carroll Dank v Nationwide News Pty Limited [2013] NSWSC 1122

Dank v Carroll Dank v Nationwide News Pty Limited [2013] NSWSC 1122

Imputation (a) was struck out as it overstretched any reasonable reading of the article; imputation (b) as amended was capable of arising and not struck out; imputation (c) required election or clarification due to similarity/ambiguity. As none of the existing imputations survived intact, relevant paragraphs of the statement of claim were struck out in both proceedings with leave to replead.

Jurisdiction
Australia
Judgment Date
16 August 2013
Procedural Posture
Defamation / Interlocutory Application on Pleadings
Outcome
Relevant paragraphs of the statement of claim struck out with leave to replead in both proceedings.
Legal Topics
['imputations' 'capacity of Imputations' 'form of Pleadings' 'striking Out Pleadings']
['defamation'] ['imputations' 'capacity of Imputations' 'form of Pleadings' 'striking Out Pleadings']

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Procedural Posture

Defamation / Interlocutory Application on Pleadings

Legal Issues

  1. 1 ['Whether the pleaded imputations are capable of arising from the article' 'Whether the form of the imputations as pleaded is defective']

Ratio Decidendi

Imputation (a) was struck out as it overstretched any reasonable reading of the article; imputation (b) as amended was capable of arising and not struck out; imputation (c) required election or clarification due to similarity/ambiguity. As none of the existing imputations survived intact, relevant paragraphs of the statement of claim were struck out in both proceedings with leave to replead.

Court Disposition

Relevant paragraphs of the statement of claim struck out with leave to replead in both proceedings.

Orders

  • ['In proceedings 487, paragraph 4 of the statement of claim struck out with leave to replead.' 'In proceedings 593, paragraph 3 of the statement of claim (where first appearing) struck out with leave to replead.']