Yuen v Chan [2016] NSWDC 157

Yuen v Chan [2016] NSWDC 157

Imputations will only go to the jury if they are capable of being conveyed, are sufficiently distinct in substance, and are not ambiguous or unfair in form; those failing such criteria are struck out, with leave given for certain amendments where appropriate.

Parties
Plaintiff: Sum Yuen; Defendant: Justin Yat-Kun Chan
Jurisdiction
Australia
Judgment Date
04 August 2016
Procedural Posture
Civil / Interlocutory (rulings on Pleadings and Imputations)
Outcome
Imputations partly struck out, partly to go to a jury, and some with leave to replead; costs reserved; timetable set for amended pleadings and case management.
Legal Topics
Defamation, Imputations, Pleadings, Strike Out Applications, Form and Capacity of Imputations
Tort Defamation Imputations Pleadings Strike Out Applications Form and Capacity of Imputations

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Parties

Sum Yuen

Plaintiff

Justin Yat-Kun Chan

Defendant

Procedural Posture

Civil / Interlocutory (rulings on Pleadings and Imputations)

Legal Issues

  1. 1 Whether the pleaded imputations in defamation are capable of being conveyed and differ in substance or should be struck out
  2. 2 Whether certain words or phrases in the pleaded imputations are ambiguous, improper, or duplicative

Ratio Decidendi

Imputations will only go to the jury if they are capable of being conveyed, are sufficiently distinct in substance, and are not ambiguous or unfair in form; those failing such criteria are struck out, with leave given for certain amendments where appropriate.

Court Disposition

Imputations partly struck out, partly to go to a jury, and some with leave to replead; costs reserved; timetable set for amended pleadings and case management.

Orders

  • Imputations 9.1, 9.12, 13.4, 13.7, 13.9, 13.15, 13.16, 13.17, 13.19 will go to the jury.
  • Imputations 9.3, 9.6, 9.7, 9.13, 9.15, 13.3, 13.18, 13.20 are struck out.