Under s 7A(3) of the Defamation Act 1974 (NSW), identification of the plaintiff is a question for the jury, not the judge. Where a jury finds that a publication conveys an imputation of incompetence by reason of conduct concerning a corporation's business dealings with investors, a finding that the imputation is not defamatory is perverse, because such incompetence necessarily affects the corporation's business reputation. The word 'incompetent' in relation to business affairs is distinguishable from the word 'improper' considered in Cairns v John Fairfax.
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