O’Neill v Fairfax Media Publications Pty Ltd [2017] NSWSC 631

O’Neill v Fairfax Media Publications Pty Ltd [2017] NSWSC 631

Imputations (a) and (c) as pleaded do not differ in substance and the plaintiff must elect or re-plead; particulars of identification are sufficiently pleaded when considered in combination and should not be struck out at this stage.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Defamation / Ruling on Pleadings and Particulars at First Listing
Outcome
Plaintiff granted leave to amend statement of claim; objected particulars not struck out; directions issued to defendants.
Legal Topics
['pleadings' 'imputations' 'particulars of Identification']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'particulars of Identification']

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Procedural Posture

Defamation / Ruling on Pleadings and Particulars at First Listing

Legal Issues

  1. 1 ['Whether two imputations pleaded differ in substance' 'Adequacy of particulars of identification for the plaintiff']

Ratio Decidendi

Imputations (a) and (c) as pleaded do not differ in substance and the plaintiff must elect or re-plead; particulars of identification are sufficiently pleaded when considered in combination and should not be struck out at this stage.

Court Disposition

Plaintiff granted leave to amend statement of claim; objected particulars not struck out; directions issued to defendants.

Orders

  • ['Plaintiff granted leave to file an amended statement of claim by close of business on 8 May 2017.' 'Orders 1 to 4 in the short minutes were made.' 'Defendants directed to serve any admission in accordance with clause 13(b) of the Practice Note within 14 days.']