Lawrence v McCUSKER

In Lawrence v McCusker, the plaintiff sought to strike out the defendant's statement of claim, arguing that the imputations were not capable of being conveyed and were defective in form. The plaintiff also argued that the claim for aggravated and exemplary damages was not arguable. The New South Wales Supreme Court was required to determine whether the imputations in the statement of claim were capable of being conveyed and whether the statement of claim was defective in form. The court was also required to determine whether the claim for aggravated and exemplary damages was arguable.

The court held that the imputations in the statement of claim were capable of being conveyed and were not defective in form. The court held that the plaintiff was required to specify the act or condition which he claimed was attributed to him, but this requirement was one which, in its practical application, raised questions of degree. The court held that the imputation in par 7(b) was arguably defamatory of the plaintiff and was couched in terms of no less specificity than the words complained of. The court held that the claim for aggravated and exemplary damages was arguable because it turned on the plaintiff's own facts.

The court dismissed the application to strike out the statement of claim. The court held that the imputations in the statement of claim were capable of being conveyed and were not defective in form. The court held that the claim for aggravated and exemplary damages was arguable because it turned on the plaintiff's own facts.