Obeid v Australian Broadcasting Corporation & 3 Ors [1999] NSWSC 1058

Obeid v Australian Broadcasting Corporation & 3 Ors [1999] NSWSC 1058

Leave to file a Further Amended Statement of Claim was refused because the proposed imputations were defective in form, being uncertain or ambiguous, and certain claims failed to provide sufficient particularity as required by the Rules of Court. Paragraph 12 of the Amended Statement of Claim was struck out for lack of meaningful particulars regarding publication.

Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Defamation / Interlocutory Application—application for Leave to File Further Amended Statement of Claim
Outcome
Interlocutory application refused; part of existing pleading struck out; costs to defendants; matter stood over.
Legal Topics
['defamation' 'pleadings' 'imputation' 'particularisation' 'publication']
['tort Law'] ['defamation' 'pleadings' 'imputation' 'particularisation' 'publication']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application—application for Leave to File Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the proposed Further Amended Statement of Claim should be allowed to be filed' 'Whether the proposed imputations are pleaded in satisfactory form' 'Whether paragraph 12 of the Amended Statement of Claim is defective for want of particularisation']

Ratio Decidendi

Leave to file a Further Amended Statement of Claim was refused because the proposed imputations were defective in form, being uncertain or ambiguous, and certain claims failed to provide sufficient particularity as required by the Rules of Court. Paragraph 12 of the Amended Statement of Claim was struck out for lack of meaningful particulars regarding publication.

Court Disposition

Interlocutory application refused; part of existing pleading struck out; costs to defendants; matter stood over.

Orders

  • ['Leave to file a Further Amended Statement of Claim is refused.' 'Paragraph 12 of the Amended Statement of Claim filed in Court on 20 September 1992 is struck out.' "The plaintiff is to pay the defendant's costs." 'The matter is stood over to the Defamation List on 5 November 1999.']