Feldman v Polaris Media Pty Ltd [2016] NSWSC 1889

Feldman v Polaris Media Pty Ltd [2016] NSWSC 1889

The contextual imputation that the plaintiff 'had behaved disgracefully' is imprecise, lacks sufficient specificity, and is therefore bad in form; it is liable to be struck out, but the particulars relating to other contextual imputations may remain.

Parties
Plaintiff: Yosef Yitzchak Feldman; First Defendant: Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News; Second Defendant: Joshua Levi
Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Defamation Proceeding / Interlocutory Application to Strike Out Part of Contextual Truth Defence
Outcome
Contextual imputation struck out; plaintiff to answer interrogatories 84 to 98.
Legal Topics
Contextual Truth Defence, Precision in Pleadings, Imputations, Case Management
Defamation Civil Procedure Contextual Truth Defence Precision in Pleadings Imputations Case Management

Case Brief

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Parties

Yosef Yitzchak Feldman

Plaintiff

Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News

First Defendant

Joshua Levi

Second Defendant

Procedural Posture

Defamation Proceeding / Interlocutory Application to Strike Out Part of Contextual Truth Defence

Legal Issues

  1. 1 Whether the contextual imputation 'that the plaintiff, a rabbi, had behaved disgracefully' should be struck out for being imprecise and too general
  2. 2 Whether the plaintiff should be ordered to answer certain interrogatories

Ratio Decidendi

The contextual imputation that the plaintiff 'had behaved disgracefully' is imprecise, lacks sufficient specificity, and is therefore bad in form; it is liable to be struck out, but the particulars relating to other contextual imputations may remain.

Court Disposition

Contextual imputation struck out; plaintiff to answer interrogatories 84 to 98.

Orders

  • That the contextual imputation pleaded in paragraphs 19(vi) and 22(vii) of the defence be struck out.
  • That the plaintiff answer the defendants' interrogatories 84 to 98.