Nikolopoulos & 10 Ors v Greek Herald Pty Ltd & Anor [2000] NSWSC 1121

Nikolopoulos & 10 Ors v Greek Herald Pty Ltd & Anor [2000] NSWSC 1121

The amended cross-claim did not particularise facts capable of establishing an inference that the second to eleventh cross defendants, as directors of the club, authorised the newspaper's use of the logo or were otherwise liable for publication of the allegedly defamatory material; accordingly no pleaded case was made against them and the cross-claim was struck out as against them.

Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Defamation / Application Concerning Amended Cross Claim, Joinder of Further Cross Defendants, and Management of Anticipated S 7 a Trial
Outcome
Cross-claim struck out as against the second to eleventh cross defendants; leave granted to add Mr Skouloudis and Skouloudis Group Pty Ltd as cross defendants; costs ordered against the cross-claimant in favour of the second to eleventh cross defendants.
Legal Topics
['cross Claim' 'pleadings and Particulars' 'strike Out' 'joinder' 's 7 a Trial' 'jury Trial Management']
['defamation' 'civil Procedure'] ['cross Claim' 'pleadings and Particulars' 'strike Out' 'joinder' 's 7 a Trial' 'jury Trial Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Application Concerning Amended Cross Claim, Joinder of Further Cross Defendants, and Management of Anticipated S 7 a Trial

Legal Issues

  1. 1 ['Whether the amended cross-claim pleaded a case against the second to eleventh cross defendants based on alleged liability for publication of the matters complained of.' 'Whether the appearance of a soccer club logo in the publications, without further particulars, could establish a basis for liability of club directors for publication.' 'Whether leave should be granted to add Mr Skouloudis and Skouloudis Group Pty Ltd as cross defendants.' "How the anticipated s 7A trial should be managed where both the plaintiff's claim and a cross-claim are defamation actions but the parties do not coincide."]

Ratio Decidendi

The amended cross-claim did not particularise facts capable of establishing an inference that the second to eleventh cross defendants, as directors of the club, authorised the newspaper's use of the logo or were otherwise liable for publication of the allegedly defamatory material; accordingly no pleaded case was made against them and the cross-claim was struck out as against them.

Court Disposition

Cross-claim struck out as against the second to eleventh cross defendants; leave granted to add Mr Skouloudis and Skouloudis Group Pty Ltd as cross defendants; costs ordered against the cross-claimant in favour of the second to eleventh cross defendants.

Orders

  • ['The cross-claim in whatever form is struck out as against the second to eleventh cross defendants.' 'Leave is granted to the cross-claimant to add Mr Skouloudis as a second cross-defendant and Skouloudis Group Pty Ltd as a third cross-defendant.' 'The further amended cross-claim is to be served within seven days...