The General Steel 'unarguably bad' test applies to applications to strike out contextual imputations under s 26 of the Defamation Act 2005 (NSW); the test on a strike-out application is not the same as the capacity determination on a separate question under UCPR r 28.1. A general contextual imputation of dishonesty may be capable of arising 'in addition to' specific imputations of dishonesty where the gravity of the specific allegations and the compounding effect of multiple instances of misconduct in the broadcast are sufficient to convey a general charge. The question whether a particular charge of wrongdoing carries a general charge depends on the context and gravity of the misconduct imputed.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.