Australian Broadcasting Corporation & Anor. v. Hodgkinson [2005] NSWCA 190

Australian Broadcasting Corporation & Anor. v. Hodgkinson [2005] NSWCA 190

The contextual imputation ('not a fit and proper person to supervise other scientists') lacked sufficient precision and specificity for a pleading in this context to satisfy the requirements of practical justice. The appeal against its being struck out is therefore dismissed.

Parties
1st Appellant: Australian Broadcasting Corporation; 2nd Appellant: Norman Swan; Respondent: Suzanne Hodgkinson
Jurisdiction
Australia
Judgment Date
15 June 2005
Procedural Posture
Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed with costs.
Legal Topics
Contextual Imputation, Precision of Pleadings, Practical Justice in Defamation, Truth Defence
Defamation Contextual Imputation Precision of Pleadings Practical Justice in Defamation Truth Defence

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Parties

Australian Broadcasting Corporation

1st Appellant

Norman Swan

2nd Appellant

Suzanne Hodgkinson

Respondent

Procedural Posture

Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the contextual imputation 'not a fit and proper person to supervise other scientists' was too rhetorical or imprecise to be pleaded
  2. 2 Whether less precision is required for defendants' contextual imputations than for plaintiffs' imputations
  3. 3 Applicability of practical justice in pleading contextual imputations

Ratio Decidendi

The contextual imputation ('not a fit and proper person to supervise other scientists') lacked sufficient precision and specificity for a pleading in this context to satisfy the requirements of practical justice. The appeal against its being struck out is therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Liberty to re-plead the contextual imputation left in place.