Palace Films Pty Ltd & Ors v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 415

Palace Films Pty Ltd & Ors v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 415

The statement of claim was struck out because the pleading of publication and republication was ambiguous, almost all of the imputations required repleading or were defective, and the breach of confidence claim required amendment in light of overlap with allegedly false defamatory imputations. Those deficiencies justified striking out the whole pleading with leave to replead.

Jurisdiction
Australia
Judgment Date
14 May 2010
Procedural Posture
Defamation and Breach of Confidence Proceedings / Defendants' Application to Strike Out the Statement of Claim Under R 14.28 of the Uniform Civil Procedure Rules 2005
Outcome
The whole of the statement of claim was struck out with leave to replead; costs were reserved for further hearing.
Legal Topics
['publication and Republication' 'pleading Defamatory Imputations' 'strike Out of Pleadings' 'confidential Information']
['defamation' 'breach of Confidence' 'civil Procedure'] ['publication and Republication' 'pleading Defamatory Imputations' 'strike Out of Pleadings' 'confidential Information']

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Procedural Posture

Defamation and Breach of Confidence Proceedings / Defendants' Application to Strike Out the Statement of Claim Under R 14.28 of the Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ['Whether the pleaded allegation that defendants "wrote and published or caused to be written and published" properly pleaded publication or republication in defamation.' "Whether the plaintiffs' defamatory imputations were bad in form or incapable of arising from the matters complained of." 'Whether the breach of confidence claim was inconsistent with the defamation claim, particularly where pleaded imputations were alleged to be false and overlapped with alleged confidential information.' 'Whether the whole statement of claim should be struck out with leave to replead.']

Ratio Decidendi

The statement of claim was struck out because the pleading of publication and republication was ambiguous, almost all of the imputations required repleading or were defective, and the breach of confidence claim required amendment in light of overlap with allegedly false defamatory imputations. Those deficiencies justified striking out the whole pleading with leave to replead.

Court Disposition

The whole of the statement of claim was struck out with leave to replead; costs were reserved for further hearing.

Orders

  • ['The whole of the statement of claim is struck out with leave to replead.' 'The Court will hear the parties further as to costs.']