Tagg v Pickering [2015] NSWSC 1301

Tagg v Pickering [2015] NSWSC 1301

Imputation (a) was reasonably capable of being conveyed to readers who knew the plaintiff to be a former Ryde Mayor and former independent councillor, so it was a question for the tribunal of fact. The remaining challenged imputations required amendment because some lacked sufficient specificity and others did not differ in substance.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Defamation Proceedings / First Listing; Procedural Rulings on Objections to Pleaded Imputations and Leave to Amend Statement of Claim
Outcome
Rulings on imputations; plaintiff granted leave to file an amended statement of claim within 7 days and ordered to pay the defendant's costs of today.
Legal Topics
['pleadings' 'imputations' 'form and Capacity' 'true Innuendo' 'leave to Amend']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'form and Capacity' 'true Innuendo' 'leave to Amend']

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Procedural Posture

Defamation Proceedings / First Listing; Procedural Rulings on Objections to Pleaded Imputations and Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether imputation (a), that the plaintiff was found by the ICAC to be corrupt, was reasonably capable of being conveyed by the matter complained of to readers who knew the pleaded particulars of identification.' 'Whether pleaded imputations (b), (c) and (d) were insufficiently specific and should be repleaded.' 'Whether separate imputations drawn from alleged statements that the plaintiff was a "criminal and crook" or "crooked and corrupt" differed in substance.']

Ratio Decidendi

Imputation (a) was reasonably capable of being conveyed to readers who knew the plaintiff to be a former Ryde Mayor and former independent councillor, so it was a question for the tribunal of fact. The remaining challenged imputations required amendment because some lacked sufficient specificity and others did not differ in substance.

Court Disposition

Rulings on imputations; plaintiff granted leave to file an amended statement of claim within 7 days and ordered to pay the defendant's costs of today.

Orders

  • ['The plaintiff is granted leave to file an amended statement of claim in accordance with these reasons within 7 days.' "The plaintiff is to pay the defendant's costs of today."]