Hue v The Vietnamese Herald Pty Ltd [2009] NSWSC 1292

Hue v The Vietnamese Herald Pty Ltd [2009] NSWSC 1292

Imputations 10(iv), 12(ii) and 14(i), (iii) and (v) are not reasonably capable of being conveyed or suffer from ambiguity or defective form, and should be struck out. Plaintiff is granted leave to replead in accordance with the ruling.

Parties
Plaintiff: Thich Nhu Hue; 1st Defendant: The Vietnamese Herald Pty Ltd; 2nd Defendant: Loc Van Nguyen; 3rd Defendant: Thi Thanh Son Nguyen; 4th Defendant: Anh Dung Le; 5th Defendant: Xiem Van Bui; 6th Defendant: Ty Van Nguyen
Jurisdiction
Australia
Judgment Date
27 November 2009
Procedural Posture
Defamation / Interlocutory Application Pleadings
Outcome
Certain imputations struck out; leave to replead granted
Legal Topics
Striking Out of Imputations, Pleadings, Capacity of Defamatory Imputations, Ambiguity in Pleadings
Defamation Striking Out of Imputations Pleadings Capacity of Defamatory Imputations Ambiguity in Pleadings

Case Brief

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Parties

Thich Nhu Hue

Plaintiff

The Vietnamese Herald Pty Ltd

1st Defendant

Loc Van Nguyen

2nd Defendant

Thi Thanh Son Nguyen

3rd Defendant

Anh Dung Le

4th Defendant

Xiem Van Bui

5th Defendant

Ty Van Nguyen

6th Defendant

Procedural Posture

Defamation / Interlocutory Application Pleadings

Legal Issues

  1. 1 Whether specific pleaded imputations are reasonably capable of being conveyed by the publications
  2. 2 Whether the language of certain imputations is ambiguous or defective in form
  3. 3 Whether certain imputations identify a distinctive defamatory sting

Ratio Decidendi

Imputations 10(iv), 12(ii) and 14(i), (iii) and (v) are not reasonably capable of being conveyed or suffer from ambiguity or defective form, and should be struck out. Plaintiff is granted leave to replead in accordance with the ruling.

Court Disposition

Certain imputations struck out; leave to replead granted

Orders

  • Imputations 10(iv), 12(ii) and 14(i), (iii) and (v) are struck out.
  • Plaintiff has leave to file a further amended statement of claim in accordance with these reasons.