Wilkinson v S Bennett Limited [1921] HCA 14

Wilkinson v S Bennett Limited [1921] HCA 14

Section 72 of the Common Law Procedure Act 1899 (N.S.W.) permits a plaintiff to rely on an innuendo without needing to include prefatory averments; where the declaration is otherwise sufficient, it is not open to demurrer on the ground that prefatory averments do not support the innuendo.

Parties
Appellant: Thomas Wilkinson; Respondent: S. Bennett Limited
Jurisdiction
Australia
Judgment Date
18 April 1921
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
Appeal allowed. Judgment of the Supreme Court set aside. Judgment for plaintiff on demurrer.
Legal Topics
Libel, Pleading, Innuendo, Demurrer, Common Law Procedure Act 1899 (n.s.w.), Sec. 72
Tort Defamation Civil Procedure Libel Pleading Innuendo Demurrer Common Law Procedure Act 1899 (n.s.w.), Sec. 72

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Parties

Thomas Wilkinson

Appellant

S. Bennett Limited

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether a declaration in an action of libel that contains prefatory averments is open to demurrer if the facts alleged do not support the innuendo
  2. 2 Proper construction of sec. 72 of the Common Law Procedure Act 1899 (N.S.W.) regarding the sufficiency of pleadings in libel actions

Ratio Decidendi

Section 72 of the Common Law Procedure Act 1899 (N.S.W.) permits a plaintiff to rely on an innuendo without needing to include prefatory averments; where the declaration is otherwise sufficient, it is not open to demurrer on the ground that prefatory averments do not support the innuendo.

Court Disposition

Appeal allowed. Judgment of the Supreme Court set aside. Judgment for plaintiff on demurrer.

Orders

  • Judgment entered for plaintiff on demurrer.
  • Respondent to pay costs of appeal.