Petty v Zhao [2014] NSWDC 174

Petty v Zhao [2014] NSWDC 174

The Court held that the defendant's plea of contextual truth in its current form was inadequately particularised and must be redrafted. The defendant was given 14 days to provide a further amended defence with proper particulars and to furnish further particulars as specified, including details of additional conversations and information relating to the sending of the email. Some objections by the plaintiff were rejected as unwarranted or as seeking witness identity or evidence rather than particulars. Costs thrown away by reason of the need to amend were ordered to be paid by the defendant; otherwise, costs of the application were ordered to be defendant's costs in the cause.

Jurisdiction
Australia
Judgment Date
22 October 2014
Procedural Posture
Interlocutory Application / Application to Strike Out Particulars and for Further Particulars Prior to Trial
Outcome
Application allowed in part; orders made for further particulars and amendment of defence
Legal Topics
['justification' 'contextual Truth' 'pleading' 'particulars' 'interlocutory Procedure']
['tort' 'defamation'] ['justification' 'contextual Truth' 'pleading' 'particulars' 'interlocutory Procedure']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Strike Out Particulars and for Further Particulars Prior to Trial

Legal Issues

  1. 1 ['Whether particulars of justification in the Amended Defence are adequate and sufficiently particularised' 'Whether further particulars should be provided for contextual truth pleas' "Whether specific particulars or evidence relating to defendant's plea are required or should be struck out"]

Ratio Decidendi

The Court held that the defendant's plea of contextual truth in its current form was inadequately particularised and must be redrafted. The defendant was given 14 days to provide a further amended defence with proper particulars and to furnish further particulars as specified, including details of additional conversations and information relating to the sending of the email. Some objections by the plaintiff were rejected as unwarranted or as seeking witness identity or evidence rather than particulars. Costs thrown away by reason of the need to amend were ordered to be paid by the defendant; otherwise, costs of the application were ordered to be defendant's costs in the cause.

Court Disposition

Application allowed in part; orders made for further particulars and amendment of defence

Orders

  • ['The defendant is to file a further amended defence in 14 days particularising and pleading, in proper form, any plea of contextual truth.' 'The defendant pay any costs thrown away by reason of the filing of the further amended defence.' "The defendant is to provide particulars in 14 days as follows: (a) Each...