Sakr v Australian Broadcasting Corporation; Australian Broadcasting Corporation v Sakr

This matter concerned an appeal and cross-appeal concerning imputations pleaded in a defamation action brought by Ms Sakr against the Australian Broadcasting Corporation (ABC). The appeal and cross-appeal were heard in the Court of Appeal of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge erred in striking out certain pleaded imputations and whether the primary judge erred in refusing to strike out other pleaded imputations. The court was required to determine whether the material complained of was capable of giving rise to the imputations as pleaded by Ms Sakr, and to consider objections regarding the form of some of those imputations.

The Court of Appeal determined that leave to appeal should be granted to Ms Sakr regarding the striking out of imputation 4(a) in the initial statement of claim, but that her appeal should be dismissed. The court granted the ABC leave to cross-appeal concerning the primary judge's refusal to strike out imputations 4(b) and (c) in the initial statement of claim, and also to appeal the decision not to strike out imputation 4(a) as it was re-pleaded. The court ordered that the word "willingly" be struck out from imputation 4(a) in the third amended statement of claim and directed Ms Sakr to file a fourth amended statement of claim, amending imputations 4(b) and (c). The ABC's cross-appeal from the first judgment in relation to imputations 4(b) and (c) was otherwise dismissed. Ms Sakr was ordered to pay the ABC's costs of her appeal and the ABC's appeal from the second judgment, with the costs of the ABC's cross-appeal from the first judgment to be costs in the cause.