District Court
New South Wales
Medium Neutral Citation: Hague v Cordiner [2019] NSWDC 603 Hearing dates: 17 October 2019 Date of orders: 17 October 2019 Decision date: 25 October 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Noting the only basis upon which imputations 6(a) to 6(c) is challenged is the use of the words “captured” and “reasonably”, these imputations are reasonably capable of being conveyed.
(2) Noting the basis of the challenge to imputations 6(d) to 6(k) is on a Chase 1/Chase 2 basis: (a) Each of imputations 6(d) to 6(k) is reasonably capable of being conveyed, but (b) The Chase 2 meaning is to be pleaded as fall-back to the Chase 1 meaning.
(3) Plaintiff’s amended statement of claim in 7 days.
(4) Defendant’s defence or an application for security for costs by 13 November 2019.
(5) Matter listed for further directions only in the Defamation List on Thursday 14 November 2019.
(6) Defendant pay plaintiff’s costs in relation to the imputations argument of today.Catchwords: TORT – defamation – form and capacity of imputations – whether imputations of guilt or of suspicion – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Berezovsky v Forbes [2001] EWCA Civ 1251
Bolton v Stoltenberg [2018] NSWSC 1518
Chase v News Group Newspapers Ltd [2002] EWCA Civ 1772 ; [2003] EMLR 11
Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227
Cronau v Nelson (No 2) [2018] NSWSC 1905
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Duffy v Google Inc (No 1) [2015] SASC 170
El-Mouelhy v QSociety of Australia Inc (No 3) [2015] NSWSC 1069
Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716
Hockey v Fairfax Media Publications Pty Ltd (2015) 237 FCR 33
Jenman v McIntyre [2013] NSWSC 1100
Lewis v Daily Telegraph Ltd (1964) AC 234
McDonald v Dods [2017] VSCA 129
Mirror Newspapers Ltd v Harrison (1982) 56 ALJR 808; 42 ALR 487
Moran v Schwartz Publishing Pty Ltd [2014] WASC 334
Purcell v Cruising Yacht Club of Australia Pty Ltd [2003] NSWSC 245
Rayney v State of Western Australia (No 9) [2017] WASC 367
Sands v State of South Australia (2015) 122 SASR 195
Sergi v Australian Broadcasting Corporation [1983] 2 NSWLR 669
Sternberg v Pritchard Englefield (a firm) [2005] EWCA 288
Wagner v Harbour Radio Pty Ltd [2018] QSC 201Texts Cited: R Parkes QC, Professor A Mullis, G Busuttil, A Speker, A Scott, C Strong, Gatley On Libel and Slander (12th ed, 2013, Sweet & Maxwell) Category: Procedural and other rulings Parties: Plaintiff: Nathan Hague
Defendant: Sarah Louise CordinerRepresentation: Counsel:
Solicitors:
Plaintiff: Mr T Senior
Defendants: Mr B Goldsmith
Plaintiff: Keleher Lawyers
Defendants: Goldsmith Lawyers
File Number(s): 2019/254138 Publication restriction: None
Judgment
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Following argument on 17 October 2019, these are my reasons for rulings on the capacity of imputations pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”), as well as to challenges…
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- AGLC
- Hague v Cordiner [2019] NSWDC 603
- Case
- [2019] NSWDC 603
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether certain imputations alleged by Hague were reasonably capable of being conveyed to the ordinary reasonable reader. Specifically, Cordiner challenged the use of the words “captured” and “reasonably” in imputations 6(a) to 6(c) and argued that imputations 6(d) to 6(k) should be pleaded on a Chase 1/Chase 2 basis, meaning that the Chase 2 meaning should be pleaded as a fall-back to the Chase 1 meaning. The court needed to assess the validity of these challenges and decide whether the imputations were reasonably capable of being conveyed as alleged.
The court found that imputations 6(a) to 6(c) were reasonably capable of being conveyed despite the use of the words “captured” and “reasonably”. The court also determined that each of the imputations 6(d) to 6(k) was reasonably capable of being conveyed, but that the Chase 2 meaning should be pleaded as a fall-back to the Chase 1 meaning. Consequently, the court ordered that Hague’s amended statement of claim be filed within seven days. Cordiner was required to file either a defence or an application for security for costs by 13 November 2019. The matter was then listed for further directions in the Defamation List on 14 November 2019. Additionally, the court ordered Cordiner to pay Hague’s costs in relation to the argument regarding the imputations.
Orders
Orders of the court
(1) Noting the only basis upon which imputations 6(a) to 6(c) is challenged is the use of the words “captured” and “reasonably”, these imputations are reasonably capable of being conveyed.
(2) Noting the basis of the challenge to imputations 6(d) to 6(k) is on a Chase 1/Chase 2 basis: (a) Each of imputations 6(d) to 6(k) is reasonably capable of being conveyed, but (b) The Chase 2 meaning is to be pleaded as fall-back to the Chase 1 meaning.
(3) Plaintiff’s amended statement of claim in 7 days.
(4) Defendant’s defence or an application for security for costs by 13 November 2019.
(5) Matter listed for further directions only in the Defamation List on Thursday 14 November 2019.
(6) Defendant pay plaintiff’s costs in relation to the imputations argument of today.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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