Wendy Waller v Nationwide News Pty Ltd [2011] NSWSC 611

Wendy Waller v Nationwide News Pty Ltd [2011] NSWSC 611

The article was capable of conveying imputations that the plaintiff dishonestly claimed expenses and misused her position, because its language could permit a jury to infer that she knew she was not entitled to the expenses and was forced to repay them after being found out. However, imputations that merely repeated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 June 2011
Procedural Posture
Defamation Proceedings / Separate Question Concerning the Defendant's Objections to the Imputations Pleaded by the Plaintiff and Leave to File an Amended Statement of Claim
Outcome
Leave granted to the plaintiff to file an amended statement of claim in accordance with the Court's reasons. No order as to costs.
Legal Topics
['capacity of Matter Complained of to Convey Pleaded Imputations' 'formulation of Defamatory Imputations' 'defamation Pleadings' 'leave to Amend Statement of Claim' 'costs']
['defamation' 'civil Procedure'] ['capacity of Matter Complained of to Convey Pleaded Imputations' 'formulation of Defamatory Imputations' 'defamation Pleadings' 'leave to Amend Statement of Claim' 'costs']

Source-derived case record

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Procedural Posture

Defamation Proceedings / Separate Question Concerning the Defendant's Objections to the Imputations Pleaded by the Plaintiff and Leave to File an Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the article was reasonably capable of conveying imputations of dishonesty against the plaintiff.' 'Whether pleaded imputations improperly adopted words directly from the matter complained of without distilling the alleged defamatory act or condition.' 'Whether the imputation that the plaintiff misused her position as Mayor to bill ratepayers for non-council expenses was sufficiently precise and capable of being conveyed.' 'Whether imputations using terms such as "swindle" or alleging expenses not for council business should go to the jury.']

Ratio Decidendi

The article was capable of conveying imputations that the plaintiff dishonestly claimed expenses and misused her position, because its language could permit a jury to infer that she knew she was not entitled to the expenses and was forced to repay them after being found out. However, imputations that merely repeated the article's wording without distilling an act, condition or defamatory sting, or that failed to identify a defamatory act or condition, could not go to the jury. Leave was therefore granted to file an amended statement of claim consistent with the reasons.

Court Disposition

Leave granted to the plaintiff to file an amended statement of claim in accordance with the Court's reasons. No order as to costs.

Orders

  • ['Leave granted to the plaintiff to file an amended statement of claim in accordance with these reasons.' 'No order as to costs.']