Wilson v Basson [2019] NSWSC 1449

Wilson v Basson [2019] NSWSC 1449

The strike out motion was bound to fail given authority and procedural considerations; costs ordered against Ms Wilson. Proposed oral defamation amendments were impermissibly open and lacking in necessary particulars; leave to amend refused except for employment entitlements, but opportunity provided to re-plead oral defamation with proper particulars.

Parties
Plaintiff/cross Defendant: Jessica May Wilson; Defendant/cross Claimant: Mary Jane Basson
Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Equity / Interlocutory Motions – Strike Out and Amendment
Outcome
Plaintiff's strike out motion dismissed; motion to amend declined except for employment entitlements; plaintiff given leave to circulate fresh amended statement of claim; plaintiff ordered to pay defendant's costs of both motions.
Legal Topics
Costs, Strike Out Motion, Amendment of Pleadings, Defamation, Employment Entitlements
Practice and Procedure Equity Costs Strike Out Motion Amendment of Pleadings Defamation Employment Entitlements

Case Brief

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Parties

Jessica May Wilson

Plaintiff/cross Defendant

Mary Jane Basson

Defendant/cross Claimant

Procedural Posture

Equity / Interlocutory Motions – Strike Out and Amendment

Legal Issues

  1. 1 Whether plaintiff/cross-defendant's strike out motion should succeed
  2. 2 Whether plaintiff/cross-defendant's amendment should be allowed, particularly for oral defamation
  3. 3 How costs should be determined regarding interlocutory motions

Ratio Decidendi

The strike out motion was bound to fail given authority and procedural considerations; costs ordered against Ms Wilson. Proposed oral defamation amendments were impermissibly open and lacking in necessary particulars; leave to amend refused except for employment entitlements, but opportunity provided to re-plead oral defamation with proper particulars.

Court Disposition

Plaintiff's strike out motion dismissed; motion to amend declined except for employment entitlements; plaintiff given leave to circulate fresh amended statement of claim; plaintiff ordered to pay defendant's costs of both motions.

Orders

  • Dismiss plaintiff/cross-defendant's motion filed 31 July 2019.
  • Order plaintiff/cross-defendant to pay cross claimants' costs of 31 July 2019 motion.