Styles v Izzo & Ors [2010] NSWSC 464
Leave granted to file an amended statement of claim as republication details, while better located in the portion of the pleading addressing damages, are not so defective as to warrant refusing leave; objections are matters for trial rather than pleadings.
- Parties
- Plaintiff: Bridgette Rebecca Styles; First Defendant: Luis Anthony Izzo; Second to Two Hundred Sixteenth Defendants: Joseph John Catanzariti & Ors trading as Clayton Utz
- Jurisdiction
- Australia
- Judgment Date
- 07 June 2010
- Procedural Posture
- Defamation / Application for Leave to Amend Statement of Claim
- Outcome
- Leave granted to the plaintiff to file an amended statement of claim
- Legal Topics
- Pleading, Amendment of Pleadings, Republication, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Bridgette Rebecca Styles
Plaintiff
Luis Anthony Izzo
First Defendant
Joseph John Catanzariti & Ors trading as Clayton Utz
Second to Two Hundred Sixteenth Defendants
Procedural Posture
Defamation / Application for Leave to Amend Statement of Claim
Legal Issues
- 1 Whether leave should be granted to file the proposed amended statement of claim
- 2 Whether the proposed amended statement of claim is defective in respect of republication
Ratio Decidendi
Leave granted to file an amended statement of claim as republication details, while better located in the portion of the pleading addressing damages, are not so defective as to warrant refusing leave; objections are matters for trial rather than pleadings.
Court Disposition
Leave granted to the plaintiff to file an amended statement of claim
Orders
- Plaintiff granted leave to file an amended statement of claim subject to compliance with rulings made in respect of imputations
Full Case Text
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