Adeang v The Australian Broadcasting Corporation [2016] FCA 1200

DEFAMATION – Defamation Act 2005 (NSW) ss 2526 – Federal Court Rules 2011 – requirements for pleadings pursuant to r 16.02 – pleading of imputations and contextual imputations – consideration of principles for pleading defamatory meaning – whether imputation of suspicion must identify the holder of that suspicion – consideration of principles for pleading an imputation of suspicion – Sergi v Australian Broadcasting Corporation [1983] 2 NSWLR 669 not followed and Fairfax Media Publications v Zeccola[2015] NSWCA 329 distinguished

DEFAMATION – form of imputations – whether imputation pleading that plaintiff had so conducted himself as to give rise to suspicion was vague, unspecific and defective for failing to identify the person who held suspicion – need for imputation and contextual imputation to attribute an act or condition to plaintiff sufficiently related to nature and context of matter complained of

DEFAMATION – whether particulars of justification and contextual truth embarrassing or defective in form – necessity for precision in particulars of truth and that they be capable of supporting pleaded imputation being justified

Matthew Richardson appeared for the applicant