Petty v Zhao (No. 2) [2015] NSWDC 18

Petty v Zhao (No. 2) [2015] NSWDC 18

The plaintiff was granted leave because Court of Appeal authority in Fairfax Media Publications Pty Ltd v Kermode and Holt v TCN Channel Nine Pty Ltd confirmed that a plaintiff may adopt a defendant's contextual imputations, the amendment would not add trial complexity or cause prejudice, the application was sufficiently timely, and the court declined to exercise discretion to refuse leave merely because the defendant's s 26 position would be affected.

Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Civil Defamation Proceedings / Procedural Application for Leave to Amend by Pleading Back the Defendant's Contextual Imputations
Outcome
Leave granted to the plaintiff to plead back the defendant's imputations; costs ordered to be the defendant's costs in the cause; procedural directions made.
Legal Topics
['contextual Imputations' 'contextual Truth' 'pleading Back Contextual Imputations' 'amendment of Pleadings' 'costs in the Cause']
['defamation' 'civil Procedure'] ['contextual Imputations' 'contextual Truth' 'pleading Back Contextual Imputations' 'amendment of Pleadings' 'costs in the Cause']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Procedural Application for Leave to Amend by Pleading Back the Defendant's Contextual Imputations

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to adopt or plead back the contextual imputations pleaded by the defendant.' 'Whether granting leave should be refused because it would deprive the defendant of a s 26 defence or add complexity or because the application was brought too late.' "What costs order should be made on the plaintiff's application for leave to amend."]

Ratio Decidendi

The plaintiff was granted leave because Court of Appeal authority in Fairfax Media Publications Pty Ltd v Kermode and Holt v TCN Channel Nine Pty Ltd confirmed that a plaintiff may adopt a defendant's contextual imputations, the amendment would not add trial complexity or cause prejudice, the application was sufficiently timely, and the court declined to exercise discretion to refuse leave merely because the defendant's s 26 position would be affected.

Court Disposition

Leave granted to the plaintiff to plead back the defendant's imputations; costs ordered to be the defendant's costs in the cause; procedural directions made.

Orders

  • ["Grant leave to the plaintiff to plead back the defendant's imputations in accordance with the Amended Statement of Claim filed in court today." "Costs are to be the defendant's costs in the cause." 'Waive any requirement for the defendant to file a Further Amended Defence, on the understanding that the particulars...