Hakim v Australian Broadcasting Corporation [2012] NSWSC 912

Hakim v Australian Broadcasting Corporation [2012] NSWSC 912

Imputation (a) and (d) are capable of being conveyed by the matter complained of and should be left to the jury; imputations (g), (h), (i), (j), and (n) are struck out as being bad in form, lacking specificity, or introducing confusion, with leave to replead.

Parties
Plaintiff: Tony Hakim; Defendant: Australian Broadcasting Corporation; Second Defendant: Stephen Long
Jurisdiction
Australia
Judgment Date
10 August 2012
Procedural Posture
Defamation / Interlocutory Application
Outcome
Imputations (g), (h), (i), (j), and (n) struck out with leave to replead; capacity objections to imputations (a) and (d) dismissed; proceedings to continue
Legal Topics
Defamation, Imputations, Capacity of Matter Complained of, Form of Imputations, Rule 14.28 Uniform Civil Procedure Rules 2005
Tort Defamation Imputations Capacity of Matter Complained of Form of Imputations Rule 14.28 Uniform Civil Procedure Rules 2005

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Parties

Tony Hakim

Plaintiff

Australian Broadcasting Corporation

Defendant

Stephen Long

Second Defendant

Procedural Posture

Defamation / Interlocutory Application

Legal Issues

  1. 1 Whether the matter complained of is capable of conveying the imputations pleaded by the plaintiff
  2. 2 Whether certain imputations are bad in form and should be struck out

Ratio Decidendi

Imputation (a) and (d) are capable of being conveyed by the matter complained of and should be left to the jury; imputations (g), (h), (i), (j), and (n) are struck out as being bad in form, lacking specificity, or introducing confusion, with leave to replead.

Court Disposition

Imputations (g), (h), (i), (j), and (n) struck out with leave to replead; capacity objections to imputations (a) and (d) dismissed; proceedings to continue

Orders

  • Imputations (g), (h), (i), (j), and (n) be struck out with leave to replead