Feldman v Australian Broadcasting Corporation; Feldman v Special Broadcasting Services Corporation [2016] NSWSC 757

Feldman v Australian Broadcasting Corporation; Feldman v Special Broadcasting Services Corporation [2016] NSWSC 757

The remaining particulars identified facts and circumstances sufficiently relevant to the truth of the pleaded imputations to stand, and any debate about an obligation of the kind alleged was a matter for submissions at trial. However, para 8.32 of the ABC defence and para 6.32 of the SBS defence put forward a submission rather than a particular of a fact, matter or circumstance and were struck out.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Defamation / Application to Have Particulars of Truth Struck Out at Second Listing in the Defamation List
Outcome
Application to have part of defence struck out refused save as to para 8.32 of the defence in the proceedings against the ABC and para 6.32 of the defence in the proceedings against SBS.
Legal Topics
['pleadings' 'particulars of Truth' 'contextual Truth' 'strike Out Application' 'discovery and Interrogatories']
['defamation' 'civil Procedure'] ['pleadings' 'particulars of Truth' 'contextual Truth' 'strike Out Application' 'discovery and Interrogatories']

Case Brief

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Procedural Posture

Defamation / Application to Have Particulars of Truth Struck Out at Second Listing in the Defamation List

Legal Issues

  1. 1 ['Whether particulars in paras 8.26 to 8.34 of the ABC defence and 6.26 to 6.34 of the SBS defence were capable of proving the matters in aid of which they were pleaded.' 'Whether para 8.32 of the ABC defence and para 6.32 of the SBS defence were properly pleaded as particulars of fact, matter or circumstance.']

Ratio Decidendi

The remaining particulars identified facts and circumstances sufficiently relevant to the truth of the pleaded imputations to stand, and any debate about an obligation of the kind alleged was a matter for submissions at trial. However, para 8.32 of the ABC defence and para 6.32 of the SBS defence put forward a submission rather than a particular of a fact, matter or circumstance and were struck out.

Court Disposition

Application to have part of defence struck out refused save as to para 8.32 of the defence in the proceedings against the ABC and para 6.32 of the defence in the proceedings against SBS.

Orders

  • ['The application to have those parts of the defence struck out is rejected, save as to para 8.32 of the ABC defence and para 6.32 of the SBS defence.' 'Orders to be in accordance with the short minutes of order as amended by agreement of both counsel at the conclusion of argument.']