William Robert Ell v Katie Milne [2011] NSWSC 645

William Robert Ell v Katie Milne [2011] NSWSC 645

The particulars provided for the defences of truth and contextual truth are inadequate; the specific contextual imputation based on electoral fraud is incapable of standing as pleaded; the defendant must provide proper particulars; and the electoral fraud contextual imputation is struck out with leave to replead.

Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Interlocutory Application / Application to Strike Out or Provide Particulars of Defence
Outcome
Defendant ordered to provide proper particulars, contextual imputation of electoral fraud struck out with leave to replead
Legal Topics
['defences to Defamation' 'particulars of Truth' 'contextual Truth' 'qualified Privilege' 'pleading Requirements']
['defamation'] ['defences to Defamation' 'particulars of Truth' 'contextual Truth' 'qualified Privilege' 'pleading Requirements']

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Procedural Posture

Interlocutory Application / Application to Strike Out or Provide Particulars of Defence

Legal Issues

  1. 1 ['Whether particulars of the defences of truth and contextual truth are adequate' 'Whether contextual imputations pleaded are capable of arising from the publication and adequately particularised' 'Whether the provision of bail or association with McGurk is capable of being defamatory or scandalous association' 'Whether allegations of political donations can constitute contextual imputations']

Ratio Decidendi

The particulars provided for the defences of truth and contextual truth are inadequate; the specific contextual imputation based on electoral fraud is incapable of standing as pleaded; the defendant must provide proper particulars; and the electoral fraud contextual imputation is struck out with leave to replead.

Court Disposition

Defendant ordered to provide proper particulars, contextual imputation of electoral fraud struck out with leave to replead

Orders

  • ['The defendant provide proper particulars of the defence of truth pleaded in paragraph 7 of the defence.' 'The defendant provide proper particulars of the defence of contextual truth based on the contextual imputation pleaded in paragraph 8(a)(i) of the defence.' 'The contextual imputation pleaded in paragraph...