Keramaniakis v Wagstaff [2005] NSWDC 14

Keramaniakis v Wagstaff [2005] NSWDC 14

The Plaintiffs should be permitted to file the Third Further Amended Statement of Claim, as their approach to rely on republication only in respect of damages is at least fairly arguable and not clearly precluded by binding authority. The interests of justice require that leave be given subject to repleading paragraph 5 as agreed.

Jurisdiction
Australia
Judgment Date
13 May 2005
Procedural Posture
Defamation Proceedings / Application to Amend Statement of Claim
Outcome
Leave to file Third Further Amended Statement of Claim granted, subject to repleading paragraph 5 as agreed.
Legal Topics
['amendment of Pleadings' 'republication' 'jury Trials' 'binding Authority' 'damages']
['defamation'] ['amendment of Pleadings' 'republication' 'jury Trials' 'binding Authority' 'damages']

Case Brief

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Procedural Posture

Defamation Proceedings / Application to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether Plaintiffs should be granted leave to file a Third Further Amended Statement of Claim in defamation proceedings' 'Whether claim for damages based on republication by a third party is available' 'Whether numerous pleading points relating to the alleged defamatory article are bad in law' 'Whether a first instance Supreme Court decision binds the District Court']

Ratio Decidendi

The Plaintiffs should be permitted to file the Third Further Amended Statement of Claim, as their approach to rely on republication only in respect of damages is at least fairly arguable and not clearly precluded by binding authority. The interests of justice require that leave be given subject to repleading paragraph 5 as agreed.

Court Disposition

Leave to file Third Further Amended Statement of Claim granted, subject to repleading paragraph 5 as agreed.

Orders

  • ['Plaintiffs to pay any costs thrown away by reason of the amendment.' 'First Defendant (Dr Wagstaff) to pay the costs of the motion.']