Wayne v The Owners Corporation SP64622 (No. 3) [2015] NSWDC 195

Wayne v The Owners Corporation SP64622 (No. 3) [2015] NSWDC 195

The claim against the sixth defendant was struck out because the plaintiff failed to identify any act of publication, authorisation, or endorsement by the sixth defendant, and the time for properly particularising such allegations had passed.

Parties
Plaintiff: David Wayne; 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
19 March 2015
Procedural Posture
Civil / Interlocutory Application for Summary Dismissal and Strike Out
Outcome
Plaintiff's claim against the sixth defendant struck out; plaintiff to pay costs; orders for amendment and further directions made.
Legal Topics
Pleading of Publication, Summary Dismissal, Costs Orders
Tort Defamation Civil Procedure Pleading of Publication Summary Dismissal Costs Orders

Case Brief

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Parties

David Wayne

Plaintiff

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

Civil / Interlocutory Application for Summary Dismissal and Strike Out

Legal Issues

  1. 1 Whether the pleading discloses a reasonable cause of action for defamation against the sixth defendant
  2. 2 Whether sufficient particulars of publication by the sixth defendant were provided

Ratio Decidendi

The claim against the sixth defendant was struck out because the plaintiff failed to identify any act of publication, authorisation, or endorsement by the sixth defendant, and the time for properly particularising such allegations had passed.

Court Disposition

Plaintiff's claim against the sixth defendant struck out; plaintiff to pay costs; orders for amendment and further directions made.

Orders

  • Sixth defendant's notice of motion granted.
  • Plaintiff's claim against the sixth defendant struck out.