Whelan & Anor v John Fairfax Publications Limited & 2 Ors [2000] NSWSC 816

Whelan & Anor v John Fairfax Publications Limited & 2 Ors [2000] NSWSC 816

The considerations applied by Dunford J and the Drummoyne principle require the pleaded imputations to specify the nature of the alleged corrupt conduct; as the amended imputations still lacked particularity, they were struck out with leave to replead.

Jurisdiction
Australia
Judgment Date
18 August 2000
Procedural Posture
Defamation / Interlocutory Application to Strike Out Pleadings
Outcome
Imputations 6(d) and 8(f) struck out with leave to replead; costs to defendants; matter listed for further argument.
Legal Topics
['imputations' 'pleading' 'corrupt Conduct' 'independent Commission Against Corruption']
['defamation'] ['imputations' 'pleading' 'corrupt Conduct' 'independent Commission Against Corruption']

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Procedural Posture

Defamation / Interlocutory Application to Strike Out Pleadings

Legal Issues

  1. 1 ["Whether pleadings of imputations concerning 'corrupt conduct' are sufficiently specific" 'Whether certain pleaded imputations should be struck out for lack of particularity']

Ratio Decidendi

The considerations applied by Dunford J and the Drummoyne principle require the pleaded imputations to specify the nature of the alleged corrupt conduct; as the amended imputations still lacked particularity, they were struck out with leave to replead.

Court Disposition

Imputations 6(d) and 8(f) struck out with leave to replead; costs to defendants; matter listed for further argument.

Orders

  • ['Imputations 6(d) and 8(f) struck out with leave to replead.' 'Leave to replead to be exercised by 1 September 2000.' 'Written outlines of submissions on any dispute about repleading to be exchanged by 11 October 2000.' "Plaintiffs to pay defendants' costs." 'Matter listed for argument in the Defamation List on 13...