King v Fairfax Media Publications Pty Ltd [2014] NSWSC 490

King v Fairfax Media Publications Pty Ltd [2014] NSWSC 490

The matters complained of were reasonably capable of conveying several serious imputations about Mr King because, read as a whole, they prominently identified him and were capable of pointing to him as responsible for, or involved in, the alleged bribery, kickbacks, corruption and cover-ups. Most form objections failed because the imputations were sufficiently clear in context. However, some imputations overlapped in substance and were to be treated as fall-back imputations or required election, and the plaintiff was given leave to reformulate imputation 6(b).

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Defamation Proceedings / Interlocutory Applications; Determination of Objections to Pleaded Imputations, Including Capacity as a Separate Question Under R 28.2 of the Uniform Civil Procedure Rules 2005
Outcome
Rulings given as to imputations; parties directed to bring in short minutes of order.
Legal Topics
['pleadings' 'defamatory Imputations' 'capacity to Convey Imputations' 'form of Imputations' 'strike Out' 'separate Question']
['defamation' 'civil Procedure'] ['pleadings' 'defamatory Imputations' 'capacity to Convey Imputations' 'form of Imputations' 'strike Out' 'separate Question']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Applications; Determination of Objections to Pleaded Imputations, Including Capacity as a Separate Question Under R 28.2 of the Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ['Whether particular pleaded defamatory imputations were reasonably capable of being conveyed to the ordinary reasonable reader by the matters complained of.' 'Whether particular pleaded imputations were bad in form because they lacked sufficient clarity or were embarrassing.' 'Whether certain pleaded imputations did not differ in substance and should be treated as alternatives, fall-back imputations or require election.']

Ratio Decidendi

The matters complained of were reasonably capable of conveying several serious imputations about Mr King because, read as a whole, they prominently identified him and were capable of pointing to him as responsible for, or involved in, the alleged bribery, kickbacks, corruption and cover-ups. Most form objections failed because the imputations were sufficiently clear in context. However, some imputations overlapped in substance and were to be treated as fall-back imputations or required election, and the plaintiff was given leave to reformulate imputation 6(b).

Court Disposition

Rulings given as to imputations; parties directed to bring in short minutes of order.

Orders

  • ['Imputation 10(a) was held reasonably capable of being conveyed and not embarrassing in form; the application to strike it out was rejected and it will go to the jury.' 'Imputation 6(a) will be relied upon only as a fall-back to imputation 6(d).' 'The application to strike out imputation 6(e) was rejected.'...