Chau v The Australian Broadcasting Corporation [2019] FCA 1856

Chau v The Australian Broadcasting Corporation [2019] FCA 1856

The Court refused leave to amend because the respondents' proposed particulars of justification were unlikely to yield admissible evidence capable of proving the substantial truth of the imputations of bribery, the delay was unexplained and prejudicial to the applicant, especially given the seriousness of the allegations, and the application was not a proper use of the Court's resources.

Jurisdiction
Australia
Judgment Date
10 October 2019
Procedural Posture
Interlocutory Application / Application for Leave to Amend Defence
Outcome
Application dismissed with costs to the applicant.
Legal Topics
['amendment of Pleadings' 'justification Defence' 'particulars of Justification' 'libel and Defamation' 'case Management']
['practice and Procedure'] ['amendment of Pleadings' 'justification Defence' 'particulars of Justification' 'libel and Defamation' 'case Management']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Leave to Amend Defence

Legal Issues

  1. 1 ['Whether leave should be granted for respondents to amend their defence to include more extensive particulars of justification relating to imputations of bribery.']

Ratio Decidendi

The Court refused leave to amend because the respondents' proposed particulars of justification were unlikely to yield admissible evidence capable of proving the substantial truth of the imputations of bribery, the delay was unexplained and prejudicial to the applicant, especially given the seriousness of the allegations, and the application was not a proper use of the Court's resources.

Court Disposition

Application dismissed with costs to the applicant.

Orders

  • ["The respondents' interlocutory application as amended on 9 October 2019 be dismissed." "The respondents pay the applicant's costs of the interlocutory application, amended interlocutory application and further amended interlocutory application seeking leave to amend the defence."]