GRIFFITH & ORS v JOHN FAIRFAX PUBLICATIONS PTY LTD & ORS [2002] NSWSC 806

GRIFFITH & ORS v JOHN FAIRFAX PUBLICATIONS PTY LTD & ORS [2002] NSWSC 806

Leave to amend was granted because pleading the whole Newsletter as the matter complained of was unobjectionable, the fresh imputations were within the domain of the imputations already pleaded rather than a radical alteration of the factual substratum, and the third defendant identified no forensic prejudice arising from the delay or from the grant of the amendment; loss of a limitation defence alone was not treated as determinative against the exercise of discretion under SCR Pt 20 r 4(5).

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Defamation Proceedings / Notice of Motion for Leave to Amend the Statement of Claim
Outcome
Leave to amend granted; costs in the cause; matter listed for directions.
Legal Topics
['leave to Amend' 'statement of Claim' 'matter Complained Of' 'fresh Imputations' 'scr Pt 20 R 4(5)' 'defamation Act 1974 S9']
['defamation' 'civil Procedure' 'limitation of Actions'] ['leave to Amend' 'statement of Claim' 'matter Complained Of' 'fresh Imputations' 'scr Pt 20 R 4(5)' 'defamation Act 1974 S9']

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Procedural Posture

Defamation Proceedings / Notice of Motion for Leave to Amend the Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to amend the Statement of Claim to plead the whole of the Newsletter as the second matter complained of.' 'Whether fresh imputations in the proposed Amended Statement of Claim should be permitted notwithstanding that they would be outside the limitation period as causes of action.' 'Whether the third defendant would suffer prejudice if leave to amend were granted under SCR Pt 20 r 4(5).']

Ratio Decidendi

Leave to amend was granted because pleading the whole Newsletter as the matter complained of was unobjectionable, the fresh imputations were within the domain of the imputations already pleaded rather than a radical alteration of the factual substratum, and the third defendant identified no forensic prejudice arising from the delay or from the grant of the amendment; loss of a limitation defence alone was not treated as determinative against the exercise of discretion under SCR Pt 20 r 4(5).

Court Disposition

Leave to amend granted; costs in the cause; matter listed for directions.

Orders

  • ['The plaintiff has leave to file an Amended Statement of Claim in the form as annexed to the affidavit of Michael Kobras sworn 14 August 2002 within fourteen days hereof.' 'Leave is granted pursuant to SCR Pt 20 r 4(5) to plead the causes of action in paragraphs 12(e), (f); 13(c), (d) and 14(a) of the Amended...