WEBSTERS AUSTRALIA PTY LTD v NATIONWIDE NEWS PTY LTD [2003] NSWSC 322

WEBSTERS AUSTRALIA PTY LTD v NATIONWIDE NEWS PTY LTD [2003] NSWSC 322

Imputations 4(a), (c), (d), and (e) are each capable, as a matter of law, of being carried by the matter complained of and of being defamatory. Imputation 4(b) is struck out as it does not differ in substance from 4(a). The orders reflect that the remaining issues will proceed to be determined by a jury.

Jurisdiction
Australia
Judgment Date
17 April 2003
Procedural Posture
Defamation / Interlocutory Application on Capacity of Imputations
Outcome
Imputation 4(b) struck out; other imputations (4(a), (c), (d), (e)) to proceed to jury; trial by jury ordered; defendant to pay costs.
Legal Topics
['imputations' 'capacity to Defame' 'form of Imputations' 'accreditation of Degrees' 'recognition of Qualifications']
['defamation'] ['imputations' 'capacity to Defame' 'form of Imputations' 'accreditation of Degrees' 'recognition of Qualifications']

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Procedural Posture

Defamation / Interlocutory Application on Capacity of Imputations

Legal Issues

  1. 1 ['Whether the various pleaded imputations are capable of being carried by the matter complained of and are capable of being defamatory; whether any imputations offend procedural rules regarding substance and form; whether the allegations as pleaded are distinct in substance; whether the article conveys imputations as to fraud or illegitimacy of academic qualifications.']

Ratio Decidendi

Imputations 4(a), (c), (d), and (e) are each capable, as a matter of law, of being carried by the matter complained of and of being defamatory. Imputation 4(b) is struck out as it does not differ in substance from 4(a). The orders reflect that the remaining issues will proceed to be determined by a jury.

Court Disposition

Imputation 4(b) struck out; other imputations (4(a), (c), (d), (e)) to proceed to jury; trial by jury ordered; defendant to pay costs.

Orders

  • ['Imputation 4(b) is struck out.' 'Imputations 4(a), (c), (d) and (e) are capable of being carried by the matter complained of and are capable of being defamatory.' 'Within 14 days the defendant must file its defence as to issues to be determined by the jury pursuant to s7A of the Defamation Act 1974.' 'Pursuant to...