Ghosh v Ninemsn Pty Ltd & Ors (No 3) [2013] NSWDC 206

Ghosh v Ninemsn Pty Ltd & Ors (No 3) [2013] NSWDC 206

Claims relating to the first, second, third, fourth, seventh, and eighth matters complained of were struck out due to insufficient particulars of identification; plaintiff failed to identify persons and extrinsic facts enabling identification in each publication. Imputations not reasonably capable of being conveyed or duplicated were struck out in remaining claims, with leave granted in limited cases to replead. Plaintiff ordered to pay defendants' costs for interlocutory hearing forthwith. Leave granted to bring further application for strike-in of online comments for tenth publication. Matter stood over for further case management.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings and Strike Out Hearing
Outcome
Partial strike-out and leave to amend. Costs order for hearing granted.
Legal Topics
['defamation—pleadings' 'identification—extrinsic Facts' 'imputations—capacity to Be Conveyed' 'costs—payable Forthwith' 'striking Out Pleadings']
['torts' 'defamation' 'civil Procedure'] ['defamation—pleadings' 'identification—extrinsic Facts' 'imputations—capacity to Be Conveyed' 'costs—payable Forthwith' 'striking Out Pleadings']

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings and Strike Out Hearing

Legal Issues

  1. 1 ['Adequacy of particulars of identification where plaintiff not named in publications' 'Whether pleaded imputations are reasonably capable of being conveyed' 'Entitlement to a further opportunity to amend pleadings' 'Striking out claims for failure to comply with court directions' 'Appropriateness of costs order payable forthwith']

Ratio Decidendi

Claims relating to the first, second, third, fourth, seventh, and eighth matters complained of were struck out due to insufficient particulars of identification; plaintiff failed to identify persons and extrinsic facts enabling identification in each publication. Imputations not reasonably capable of being conveyed or duplicated were struck out in remaining claims, with leave granted in limited cases to replead. Plaintiff ordered to pay defendants' costs for interlocutory hearing forthwith. Leave granted to bring further application for strike-in of online comments for tenth publication. Matter stood over for further case management.

Court Disposition

Partial strike-out and leave to amend. Costs order for hearing granted.

Orders

  • ['Imputations 3A-3F struck out as plaintiff may plead only one set per matter.' 'First, Second, Third, Fourth, Seventh, and Eighth Matters Complained Of struck out for failure to particularise identification.' 'Fifth and Sixth Matters: Some imputations struck out as not capable of being conveyed or duplicative;...