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Ramandious v Habashy

Ramandious v Habashy

Case [2014] NSWDC 237 28 November 2014

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District Court

New South Wales

Medium Neutral Citation: Ramandious v Habashy [2014] NSWDC 237
Hearing dates: 28 November 2014
Decision date: 28 November 2014
Jurisdiction: Civil
Before: Gibson DCJ
Decision:
(1) Grant leave to the plaintiff to amend imputation 6(b) to replace "proposes" with "intends" and hold that an imputation to this effect is capable of being conveyed.
(2) Imputation 6(c) is to be pleaded as a fall-back to imputation 6(a).
(3) Imputations 6(d), 6(e) and 6(f) are struck out.
(4) In relation to imputation 9(b), grant leave to the plaintiff to amend "plans" in place of "proposes" and hold that an imputation so pleaded is capable of being conveyed.
(5) Imputation 9(c) is to be pleaded as a fall-back to imputation 9(a).
(6) Imputations 9(d), 9(g) and 9(h) are struck out.
(7) Imputation 9(e) is withdrawn.
(8) Imputation 9(f) is struck out with leave to replead.
(9) Plaintiff to file an Amended Statement of Claim in 14 days.
(10) Matter stood over to Friday 19 December 2014 for further directions.
(11) Plaintiff pay the defendants' costs.

Catchwords: TORT - defamation - imputations - form and capacity
Legislation Cited: -
Cases Cited: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11
Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473
Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Feros v West Sydney Radio Pty Ltd (New South Wales Court of Appeal, Moffitt P, Reynolds and Samuels JJA, 22 June 1982)
Kelly v Fairfax Media Publications [2012] NSWSC 690
Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950
Radio 2UE Sydney Pty Ltd v Chesteron [2009] HCA 16
Texts Cited: -
Category: Interlocutory applications
Parties: Plaintiff: Father Georgious Ramandious
First Defendant: Samir Habashy
Second Defendant: Ezat Andrawes
Representation: Plaintiff: Mr R Rasmussen
Defendants: Mrs L Barnett
Plaintiff: Sanford Legal
Defendants: Bateman Battersby

File Number(s): 2014/212581
Publication restriction: None

Judgment

These are reasons for rulings on the form and capacity of imputations pleaded, in accordance with my obligation to provide reasons for such orders: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11.

The plaintiff, a priest of the Coptic Orthodox Church, brings proceedings for defamation for two publications by the Arabic language newspaper "Egypt today".

The nature of the rulings requires the setting out of each of the matters complained of in full. The text of the first matter complained of, accepting the somewhat idiosyncratic numbering and grammar, is as follows:

(1) We request clarification from the Diocese of Sydney

(2) We notify the valued readers that everything published on this page is either documented or copied from other sites. Our opinion, however, appears between brackets starting with the word [Comment...]

(3) Firstly, we require clarification from the Diocese of Sydney...

(4) On 27/2/2014 Father Georgious Ramandious was again attending one of the protestant [sic] meetings. The only thing left for him it to take his Coptic Orthodoc congregation along to those…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ramandious v Habashy

Details

AGLC: Ramandious v Habashy [2014] NSWDC 237
Case: [2014] NSWDC 237
Decision Date: 28 November 2014

CaseChat Overview and Summary

The plaintiff, Ramandious, brought a defamation action against the defendant, Habashy, in the Federal Court of Australia. The plaintiff alleged that defamatory statements made by the defendant had caused harm to the plaintiff's reputation. The central issue in the case was the determination of the specific defamatory imputations made by the defendant and whether they were capable of being conveyed to third parties. The court was required to decide on the appropriate wording of certain imputations, whether certain imputations should be struck out, and the capacity of specific statements to convey defamatory meanings.

The court examined the specific words used in the plaintiff's statement of claim to determine if they accurately reflected the alleged defamatory statements. It held that certain words, such as "proposes" and "plans," could be replaced with "intends," as the latter was more appropriate in the context of the alleged defamation. The court also considered whether certain imputations should be pleaded as fallbacks to others and determined that some imputations should be struck out as they were not capable of being defamatory. The court ruled that certain imputations were too vague or speculative to be considered defamatory.

The court granted the plaintiff leave to amend certain imputations and to replead some that were struck out, while striking out others that were deemed incapable of conveying a defamatory meaning. The plaintiff was ordered to file an amended statement of claim within 14 days, and the matter was stood over for further directions. The court also ordered the plaintiff to pay the defendants' costs, reflecting the outcome of the application.

Orders

Orders of the court

(1) Grant leave to the plaintiff to amend imputation 6(b) to replace "proposes" with "intends" and hold that an imputation to this effect is capable of being conveyed.

(2) Imputation 6(c) is to be pleaded as a fall-back to imputation 6(a).

(3) Imputations 6(d), 6(e) and 6(f) are struck out.

(4) In relation to imputation 9(b), grant leave to the plaintiff to amend "plans" in place of "proposes" and hold that an imputation so pleaded is capable of being conveyed.

(5) Imputation 9(c) is to be pleaded as a fall-back to imputation 9(a).

(6) Imputations 9(d), 9(g) and 9(h) are struck out.

(7) Imputation 9(e) is withdrawn.

(8) Imputation 9(f) is struck out with leave to replead.

(9) Plaintiff to file an Amended Statement of Claim in 14 days.

(10) Matter stood over to Friday 19 December 2014 for further directions.

(11) Plaintiff pay the defendants' costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Ramandious v Habashy [2014] NSWDC 237

Most Recent Citation

Ramandious v Habashy (No. 2) [2015] NSWDC 146

Cases citing this decision · 1 of 1 shown

Ramandious v Habashy (No. 2)
[2015] NSWDC 146 Para 1

…retained solicitors and Mrs Barnett of counsel. Following an imputations argument, an Amended Statement of Claim was filed: Ramandious v Habashy [2014] NSWDC 237.…

View all 1 citing cases →

Cases cited in this decision · 12 of 12 shown

Corby v Allen & Unwin Pty Ltd
[2014] NSWCA 227 Para 1

…The standard by which issues of law raised in a separate trial on capacity was most recently explained in Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227:…
Alex v Gridneff
[2013] NSWSC 2025 Para 1

…sibility or probability that such a course would be taken, and that an imputation to this effect had been struck out by McCallum J in Alex v Gridneff [2013] NSWSC 2025. Counsel for the plaintiff agreed that the use of the word "proposes" was impermissible, and was granted leave to replead.…
Kelly v Fairfax Media Publications
[2012] NSWSC 690 Para 1

…being a traitor is a more serious form of being disloyal, a fall-back imputation is the appropriate step to take: Kelly v Fairfax Media Publications [2012] NSWSC 690 at [15]-[16]. As for the alternate submission that both imputations cannot arise at the same time, the same fall-back pleading procedure would be sti…
Radio 2UE Sydney Pty Ltd v Chesterton
[2009] HCA 16 Para 1

…extreme and obvious case would the issue of defamatory meaning be withdrawn from the tribunal of fact at trial: Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16; Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473.…
Malcolm v Nationwide News Pty Ltd
[2007] NSWCA 254

…t CL (Mason P and Handley JA agreeing); Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300 (at [19](a)); Malcolm v Nationwide News Pty Ltd [2007] NSWCA 254; (2007) Aust Torts Reports 81-915 (at [14]) per Beazley JA (Basten JA and McClellan CJ at CL agreeing). It is consistent with the test applied when d…
Ahmed v John Fairfax Publications Pty Ltd
[2006] NSWSC 11 Para 1

…m and capacity of imputations pleaded, in accordance with my obligation to provide reasons for such orders: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11.…
Favell v Queensland Newspapers Pty Ltd
[2005] HCA 52

…34] That standard by which the issue of law raised by the separate trial was to be determined was addressed in Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 79 ALJR 1716 ("Favell") where the plurality (Gleeson CJ, McHugh, Gummow and Heydon JJ, Kirby J generally agreeing) approved the following sta…
Griffith v John Fairfax Publications Pty Ltd
[2004] NSWCA 300 Para 19

…he test adopted in this court: see Marsden (at 164) per Hunt CJ at CL (Mason P and Handley JA agreeing); Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300 (at [19](a)); Malcolm v Nationwide News Pty Ltd [2007] NSWCA 254; (2007) Aust Torts Reports 81-915 (at [14]) per Beazley JA (Basten JA and McClellan…
John Fairfax Publications Pty Ltd v Rivkin
[2003] HCA 50

…f whose constitutional role in this area as representatives of the community is frequently emphasised: see John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50 ; (2003) 77 ALJR 1657 ("Rivkin") (at [2]) per Gleeson CJ (who also agreed with Callinan J); (at [184]) per Callinan J. The significance of the jury's…
Lucas v John Fairfax Publications Pty Ltd
[2000] NSWSC 950 Para 1

…In Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950 at [26] Levine J stated:…
Gaudron J
[1999] HCA 22

…g). It is consistent with the test applied when determining generally whether a case should be left to a jury: see Naxakis v Western General Hospital [1999] HCA 22; (1999) 197 CLR 269 (at [16]) per Gaudron J; (at [45]) per McHugh J; (at [66]-[67]) per Kirby J; cf Gleeson CJ (at [1]); Callinan J (at [117]-[123]).…
Drummoyne Municipal Council v Australian Broadcasting Corporation
79 ER 667 Para 1

…ith sufficient clarity to enable the defendants to know the case they have to meet: Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135.…

Legislation cited in this decision · 0

No legislation cited in this case.

Medium Neutral Citation:	Ramandious v Habashy [2014] NSWDC 237
Hearing dates:	28 November 2014
Decision date:	28 November 2014
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Grant leave to the plaintiff to amend imputation 6(b) to replace "proposes" with "intends" and hold that an imputation to this effect is capable of being conveyed. (2) Imputation 6(c) is to be pleaded as a fall-back to imputation 6(a). (3) Imputations 6(d), 6(e) and 6(f) are struck out. (4) In relation to imputation 9(b), grant leave to the plaintiff to amend "plans" in place of "proposes" and hold that an imputation so pleaded is capable of being conveyed. (5) Imputation 9(c) is to be pleaded as a fall-back to imputation 9(a). (6) Imputations 9(d), 9(g) and 9(h) are struck out. (7) Imputation 9(e) is withdrawn. (8) Imputation 9(f) is struck out with leave to replead. (9) Plaintiff to file an Amended Statement of Claim in 14 days. (10) Matter stood over to Friday 19 December 2014 for further directions. (11) Plaintiff pay the defendants' costs.
Catchwords:	TORT - defamation - imputations - form and capacity
Legislation Cited:	-
Cases Cited:	Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11 Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Feros v West Sydney Radio Pty Ltd (New South Wales Court of Appeal, Moffitt P, Reynolds and Samuels JJA, 22 June 1982) Kelly v Fairfax Media Publications [2012] NSWSC 690 Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950 Radio 2UE Sydney Pty Ltd v Chesteron [2009] HCA 16
Texts Cited:	-
Category:	Interlocutory applications
Parties:	Plaintiff: Father Georgious Ramandious First Defendant: Samir Habashy Second Defendant: Ezat Andrawes
Representation:	Plaintiff: Mr R Rasmussen Defendants: Mrs L Barnett Plaintiff: Sanford Legal Defendants: Bateman Battersby
File Number(s):	2014/212581
Publication restriction:	None