Mirny v Network Ten Pty Limited [2001] NSWSC 177

Mirny v Network Ten Pty Limited [2001] NSWSC 177

Imputation 3(a), that the plaintiff married with lack of commitment to the marriage, is capable of being conveyed and is sufficiently precise and defamatory. Similar true innuendo versions (4(a), 4(d), 4(e)) are similarly capable. Imputations 3(c) and 4(c) ('antisocial'), 4(f) ('lied about marital status'), and 4(g) ('entered marriage not recognised by others in her faith') are insufficiently precise or not capable of being conveyed or defamatory and will be struck out.

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Defamation / Notice of Motion to Strike Out Imputations
Outcome
Imputations 3(c), 4(c), 4(f) and 4(g) are struck out.
Legal Topics
['imputations' 'true Innuendo' 'juxtaposition of Images and Commentary' 'defamatory Meaning']
['defamation'] ['imputations' 'true Innuendo' 'juxtaposition of Images and Commentary' 'defamatory Meaning']

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Procedural Posture

Defamation / Notice of Motion to Strike Out Imputations

Legal Issues

  1. 1 ['Whether the matter complained of is capable of conveying the pleaded imputations, either in its natural and ordinary meaning or by way of true innuendo' 'Whether the imputations pleaded are sufficiently precise' 'Whether the pleaded imputations are capable of being defamatory']

Ratio Decidendi

Imputation 3(a), that the plaintiff married with lack of commitment to the marriage, is capable of being conveyed and is sufficiently precise and defamatory. Similar true innuendo versions (4(a), 4(d), 4(e)) are similarly capable. Imputations 3(c) and 4(c) ('antisocial'), 4(f) ('lied about marital status'), and 4(g) ('entered marriage not recognised by others in her faith') are insufficiently precise or not capable of being conveyed or defamatory and will be struck out.

Court Disposition

Imputations 3(c), 4(c), 4(f) and 4(g) are struck out.

Orders

  • ['Imputations 3(c), 4(c), 4(f) and 4(g) are struck out.']