Luna v Porter [2016] NSWSC 1727

Luna v Porter [2016] NSWSC 1727

Imputations in defamation pleadings must be articulated with sufficient clarity and particularity to delineate issues for trial, in accordance with procedural requirements and to avoid confusion; costs wasted due to amendment of pleadings may be ordered to be paid forthwith where reasonable.

Parties
1st Plaintiff: Wilson Luna; 2nd Plaintiff: Luna Group Pty Ltd; 3rd Defendant: Wilson Luna Ltd; 1st Defendant: Karen Porter; 2nd Defendant: Spencer Smith; 3rd Defendant: Mina Sedgman; 4th Defendant: Manda Epton
Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Defamation Proceedings / Ruling on Objections to Pleadings/amended Statement of Claim
Outcome
Certain objections to imputations upheld; various imputations struck out as unclear or embarrassing; leave to re-plead in some instances; costs thrown away by amendment payable forthwith by plaintiffs; parties to bring in short minutes of order.
Legal Topics
Pleadings, Imputations, Costs
Defamation Civil Procedure Pleadings Imputations Costs

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Wilson Luna

1st Plaintiff

Luna Group Pty Ltd

2nd Plaintiff

Wilson Luna Ltd

3rd Defendant

Karen Porter

1st Defendant

Spencer Smith

2nd Defendant

Mina Sedgman

3rd Defendant

Manda Epton

4th Defendant

Procedural Posture

Defamation Proceedings / Ruling on Objections to Pleadings/amended Statement of Claim

Legal Issues

  1. 1 Whether the form of various pleaded imputations meets the requirements of clarity and specificity in defamation pleadings
  2. 2 Whether certain imputations are sufficiently precise to stand
  3. 3 Whether costs thrown away by amendment should be payable forthwith

Ratio Decidendi

Imputations in defamation pleadings must be articulated with sufficient clarity and particularity to delineate issues for trial, in accordance with procedural requirements and to avoid confusion; costs wasted due to amendment of pleadings may be ordered to be paid forthwith where reasonable.

Court Disposition

Certain objections to imputations upheld; various imputations struck out as unclear or embarrassing; leave to re-plead in some instances; costs thrown away by amendment payable forthwith by plaintiffs; parties to bring in short minutes of order.

Orders

  • Certain pleaded imputations are struck out as unclear or embarrassing; leave granted to re-plead where appropriate.
  • Imputations not subject to successful objection stand and may go to the jury.