Bateman v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 610

Bateman v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 610

The plaintiff's proposed amendment was refused because the alleged initial publication by Dr Cumpston to the journalist was statute-barred, did not arise from the same or substantially the same facts as the existing cause of action based on publication of the articles, and could not be pleaded in terms without interrogatories close to trial. The proposed republication pleading would impermissibly treat part of the article as a separate matter and failed to disclose a reasonable cause of action. The existing defamation pleading against Dr Cumpston was struck out because the particulars did not support an arguable case that he had control over, assented to, or was otherwise liable for the...

Jurisdiction
Australia
Judgment Date
26 May 2015
Procedural Posture
Defamation and Injurious Falsehood Action / Interlocutory Applications for Leave to Amend Pleadings and Strike Out
Outcome
Plaintiff's application to amend dismissed; existing defamation action against Dr Cumpston struck out; defendants' application to amend defence dismissed.
Legal Topics
['pleadings' 'amendment After Limitation Period' 'publication and Republication' 'strike Out for Failure to Disclose Reasonable Cause of Action' 'contextual Truth' 'contextual Imputation' 'special Damage']
['defamation' 'civil Procedure' 'injurious Falsehood'] ['pleadings' 'amendment After Limitation Period' 'publication and Republication' 'strike Out for Failure to Disclose Reasonable Cause of Action' 'contextual Truth' 'contextual Imputation' 'special Damage']

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Procedural Posture

Defamation and Injurious Falsehood Action / Interlocutory Applications for Leave to Amend Pleadings and Strike Out

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to amend the statement of claim to plead an initial publication by Dr Cumpston to a journalist after the defamation limitation period had expired.' 'Whether the proposed pleading that Dr Cumpston was liable for republication of only his words in the newspaper articles disclosed a reasonable cause of action.' 'Whether the existing defamation pleading against Dr Cumpston as publisher of the whole article disclosed a reasonable cause of action.' 'Whether the defendants should have leave to amend their defence to plead a new contextual imputation alleging deception.' 'Whether the injurious falsehood claim against Dr Cumpston could survive without pleading special damage.']

Ratio Decidendi

The plaintiff's proposed amendment was refused because the alleged initial publication by Dr Cumpston to the journalist was statute-barred, did not arise from the same or substantially the same facts as the existing cause of action based on publication of the articles, and could not be pleaded in terms without interrogatories close to trial. The proposed republication pleading would impermissibly treat part of the article as a separate matter and failed to disclose a reasonable cause of action. The existing defamation pleading against Dr Cumpston was struck out because the particulars did not support an arguable case that he had control over, assented to, or was otherwise liable for the...

Court Disposition

Plaintiff's application to amend dismissed; existing defamation action against Dr Cumpston struck out; defendants' application to amend defence dismissed.

Orders

  • ["The plaintiff's application to amend the statement of claim be dismissed." 'The existing defamation action as against Dr Cumpston be struck out.' "The defendants' application to amend the defence to rely on contextual imputation 15(iii) be dismissed."]