NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: El-Mouelhy v QSociety of Australia Inc [2015] NSWSC 545 Hearing dates: 27 March 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: McCallum J Decision: Imputations 16(a) and 16(e) struck out pursuant to r 14.28 of the UCPR with leave to re-plead. Imputation 16(c) and 16(h) struck out. Imputations 16(d), 25(c), 25(d) 25(g) ruled to be capable of being conveyed. Catchwords: DEFAMATION – procedure – rulings on imputations – whether imputations capable of being conveyed – whether imputations are imprecise so as to cause embarrassment – imprecision of- the term "un-Australian" Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Favell v Queensland Newspapers Pty Ltd [2005] HCA 52 Category: Procedural and other rulings Parties: Mohamed El-Mouelhy (Plaintiff) QSociety of Australia Inc (First Defendant) Kirralie Jane Smith (Second Defendant) Peter Dominic Callaghan (Third Defendant) Debbie Robinson Claim (Fourth Defendant) Ralf Schumann Claim (Fifth Defendant) Representation: Counsel: B Connell (Plaintiff) L Barnett (Defendant)
Solicitors: O'Connor Legal (Plaintiff) Banki Haddock Fiora (Defendants) File Number(s): 2014/377391 Publication restriction: None
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