King v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 1244
Each contextual imputation relied upon by the defendants lacked sufficient precision and specificity as required by law, and should be struck out.
- Parties
- Plaintiff: Wallace Macarthur King; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: The Age Company Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 08 September 2014
- Procedural Posture
- Interlocutory Application / Determination of Objections to Contextual Imputations in Defence
- Outcome
- Defendants' contextual imputations struck out.
- Legal Topics
- Contextual Truth, Defamation, Pleading Requirements, Precision in Imputation
Case Brief
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Parties
Wallace Macarthur King
Plaintiff
Fairfax Media Publications Pty Ltd
First Defendant
The Age Company Pty Ltd
Second Defendant
Procedural Posture
Interlocutory Application / Determination of Objections to Contextual Imputations in Defence
Legal Issues
- 1 Whether the defendants' contextual imputations are sufficiently precise.
- 2 Whether contextual imputation 6 is capable of arising from the matter complained of.
Ratio Decidendi
Each contextual imputation relied upon by the defendants lacked sufficient precision and specificity as required by law, and should be struck out.
Court Disposition
Defendants' contextual imputations struck out.
Orders
- Each of the defendants' contextual imputations is struck out.
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