TORT — defamation — media reports of the murder of a 19-year-old man in a drive-by shooting refer to him as a drug dealer and gang member — his de facto wife brings proceedings for defamation on the basis that these references impute (although she is neither named nor referred to) that she knew of and participated in these activities because she was his de facto wife — defendants challenge identification and capacity — whether there should be a separate trial under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) of the two issues identified by the defendants — test for identification — whether there was evidence of identification — whether the reasonable person test was satisfied — no identification, let alone a reasonable one — matter not reasonably capable of being understood to convey any of the imputations pleaded — proceedings struck out and dismissed pursuant to UCPR r 28.4
Case Details
Citation[2023] NSWDC 358
CourtNSWDC
JurisdictionNew South Wales
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