Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331

Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331

The particulars in support of the justification defence lacked sufficient precision and clarity to put the plaintiffs on notice of the case to be met, and some were incapable, on the current material, of sustaining a defence to specified imputations, necessitating that the particulars be struck out and the defence re-pleaded.

Jurisdiction
Australia
Judgment Date
15 September 2015
Procedural Posture
Defamation / Ruling on Application to Strike Out Particulars of Justification Defence
Outcome
Particulars in support of the justification defence struck out with leave to re-plead.
Legal Topics
['justification Defence' 'pleadings' 'particulars' 'striking Out' 'precision in Pleadings']
['defamation' 'civil Procedure'] ['justification Defence' 'pleadings' 'particulars' 'striking Out' 'precision in Pleadings']

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Procedural Posture

Defamation / Ruling on Application to Strike Out Particulars of Justification Defence

Legal Issues

  1. 1 ['Whether the particulars of the justification defence are sufficiently precise' 'Whether the particulars are capable of sustaining the justification defence for each imputation']

Ratio Decidendi

The particulars in support of the justification defence lacked sufficient precision and clarity to put the plaintiffs on notice of the case to be met, and some were incapable, on the current material, of sustaining a defence to specified imputations, necessitating that the particulars be struck out and the defence re-pleaded.

Court Disposition

Particulars in support of the justification defence struck out with leave to re-plead.

Orders

  • ['The particulars in support of the justification defence are struck out with leave to re-plead.' 'The defendant is directed to file and serve an amended defence within 28 days.' 'The matter is stood over to the Defamation List on 16 October 2015.' "The defendant is to pay the plaintiffs' costs of the application as...