Gary Ezzo v Robin Grille [2004] NSWSC 670

Gary Ezzo v Robin Grille [2004] NSWSC 670

Imputations 8(3) and (4) do not differ in substance from 8(1) and (2) respectively, are defective in form, and must be struck out, with leave to replead; the remaining challenged imputations are permissible and can proceed.

Jurisdiction
Australia
Judgment Date
29 July 2004
Procedural Posture
Defamation / Interlocutory Application Concerning Pleadings of Imputations in Statement of Claim
Outcome
Imputations 8(3) and (4) struck out with leave to replead; each party to pay their own costs; matter stood over for further directions.
Legal Topics
['imputations' 'form of Pleadings' 'substance of Imputations' 'striking Out Pleadings' 'alternative Pleading']
['defamation'] ['imputations' 'form of Pleadings' 'substance of Imputations' 'striking Out Pleadings' 'alternative Pleading']

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Procedural Posture

Defamation / Interlocutory Application Concerning Pleadings of Imputations in Statement of Claim

Legal Issues

  1. 1 ['Whether certain imputations pleaded in defamation proceedings differ in substance or are in defective form' 'Whether imputations are capable of arising from the publication' 'Compliance with procedural rules on pleadings (SCR Pt 67 r 11(3))']

Ratio Decidendi

Imputations 8(3) and (4) do not differ in substance from 8(1) and (2) respectively, are defective in form, and must be struck out, with leave to replead; the remaining challenged imputations are permissible and can proceed.

Court Disposition

Imputations 8(3) and (4) struck out with leave to replead; each party to pay their own costs; matter stood over for further directions.

Orders

  • ['Imputations 8(3), and (4) are struck out with leave to replead.' 'Each party is to pay his/her own costs.' 'The matter is stood over for inclusion in the defamation directions list at 9.30am 16 August 2004.']