Hall v Hannaford [1999] NSWSC 1197

Hall v Hannaford [1999] NSWSC 1197

The earlier ruling was wrong because s 16(1) of the Defamation Act 1974 permits a defendant to rely on an imputation pleaded by the plaintiff as a contextual imputation against another pleaded imputation, although not as a defence to the same imputation. Accordingly, paragraph 8 of the Defence should not have been struck out and Order 4 made on 20 August 1999 was revoked.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Defamation Proceeding / Reconsideration of Ruling and Order 4 Made on 20 August 1999 Concerning a Pleaded Defence Under S 16 of the Defamation Act 1974
Outcome
Order 4 made on 20 August 1999 is revoked.
Legal Topics
['contextual Imputations' 'contextual Truth' 'truth Defence' 'pleadings' 'mitigation of Damages' 'costs']
['defamation Law'] ['contextual Imputations' 'contextual Truth' 'truth Defence' 'pleadings' 'mitigation of Damages' 'costs']

Case Brief

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Procedural Posture

Defamation Proceeding / Reconsideration of Ruling and Order 4 Made on 20 August 1999 Concerning a Pleaded Defence Under S 16 of the Defamation Act 1974

Legal Issues

  1. 1 ['Whether the expression "another imputation" in s 16(1) of the Defamation Act 1974 is limited to an imputation not pleaded by the plaintiff.' "Whether a defendant can adopt one of the plaintiff's pleaded imputations as a contextual imputation in answer to another pleaded imputation." 'Whether Order 4 made on 20 August 1999 striking out paragraph 8 of the Defence to the Amended Statement of Claim should be revoked.']

Ratio Decidendi

The earlier ruling was wrong because s 16(1) of the Defamation Act 1974 permits a defendant to rely on an imputation pleaded by the plaintiff as a contextual imputation against another pleaded imputation, although not as a defence to the same imputation. Accordingly, paragraph 8 of the Defence should not have been struck out and Order 4 made on 20 August 1999 was revoked.

Court Disposition

Order 4 made on 20 August 1999 is revoked.

Orders

  • ['Order 4 made on 20 August 1999 is revoked.']