Wayne v The Owners Corporation SP64622 [2014] NSWDC 217

Wayne v The Owners Corporation SP64622 [2014] NSWDC 217

Claims against first and second defendants were struck out as time-barred for want of pleaded publication within the limitation period; claims against third to sixth defendants survived but defective imputations (e) and (f) and particulars of aggravated damages were struck out due to deficient pleading; repeated unreasonable conduct warranted indemnity costs orders against plaintiff.

Parties
Plaintiff: David Wayne; First Defendant: The Owners Corporation SP64622; Second Defendant: Ralf Harding; Third Defendant: Francis Management Building Services Pty Ltd (ACN 107 531 055); Fourth Defendant: David Stanger; Fifth Defendant: Phillip Warren Metcalf; Sixth Defendant: Shaun Singh
Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Interlocutory Application / Ruling on Strike Out/summary Dismissal and Costs
Outcome
Proceedings against first and second defendants dismissed; claims against third to sixth defendants survive subject to pleadings amendment; costs awarded on indemnity basis.
Legal Topics
Limitation Period, Summary Dismissal, Pleadings, Costs, Aggravated Damages, Strike Out of Imputations
Tort Defamation Limitation Period Summary Dismissal Pleadings Costs Aggravated Damages Strike Out of Imputations

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 6 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

David Wayne

Plaintiff

The Owners Corporation SP64622

First Defendant

Ralf Harding

Second Defendant

Francis Management Building Services Pty Ltd (ACN 107 531 055)

Third Defendant

David Stanger

Fourth Defendant

Phillip Warren Metcalf

Fifth Defendant

Shaun Singh

Sixth Defendant

Procedural Posture

Interlocutory Application / Ruling on Strike Out/summary Dismissal and Costs

Legal Issues

  1. 1 Whether the proceedings should be summarily dismissed for failing to establish publication within the limitation period
  2. 2 Adequacy of pleadings regarding publication and content
  3. 3 Form and capacity of imputations pleaded

Ratio Decidendi

Claims against first and second defendants were struck out as time-barred for want of pleaded publication within the limitation period; claims against third to sixth defendants survived but defective imputations (e) and (f) and particulars of aggravated damages were struck out due to deficient pleading; repeated unreasonable conduct warranted indemnity costs orders against plaintiff.

Court Disposition

Proceedings against first and second defendants dismissed; claims against third to sixth defendants survive subject to pleadings amendment; costs awarded on indemnity basis.

Orders

  • Note the plaintiff consents to the striking out of paragraph 8.
  • Note imputations (a), (b) and (c) are withdrawn.