Greenwich University v Australian Council for Private Education and Training [2002] NFSC 1

Greenwich University v Australian Council for Private Education and Training [2002] NFSC 1

The Norfolk Island Supreme Court applies the common law of defamation, not the New South Wales statutory scheme, so the plaintiff may amend and particularise its statement of claim based on publications and their imputations even in the form pleaded; nothing in the pleading would prejudice or embarrass the fair trial of the action or abuse the court's process, and the pleading of republication 'or their gist' is permissible.

Parties
Plaintiff: Greenwich University; First Defendant: Australian Council for Private Education and Training; Second Defendant: Tim Smith
Jurisdiction
Australia
Judgment Date
12 April 2002
Procedural Posture
Civil / Interlocutory Application – Leave to Amend Statement of Claim and Strike Out Motion
Outcome
Leave to amend statement of claim granted; strike-out motion refused; costs reserved; directions for particulars and further hearing given.
Legal Topics
Pleadings, Imputations, Republication, Amendment of Pleadings, Particulars, Common Law Defamation – Norfolk Island
Defamation Pleadings Imputations Republication Amendment of Pleadings Particulars Common Law Defamation – Norfolk Island

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Greenwich University

Plaintiff

Australian Council for Private Education and Training

First Defendant

Tim Smith

Second Defendant

Procedural Posture

Civil / Interlocutory Application – Leave to Amend Statement of Claim and Strike Out Motion

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to plead new imputations and particulars in a defamation action under Norfolk Island law
  2. 2 Whether portions of the statement of claim should be struck out for deficiencies in pleading imputations or particulars
  3. 3 Whether replication of allegedly defamatory material in a newspaper can be pleaded as occurring 'in their gist' at common law

Ratio Decidendi

The Norfolk Island Supreme Court applies the common law of defamation, not the New South Wales statutory scheme, so the plaintiff may amend and particularise its statement of claim based on publications and their imputations even in the form pleaded; nothing in the pleading would prejudice or embarrass the fair trial of the action or abuse the court's process, and the pleading of republication 'or their gist' is permissible.

Court Disposition

Leave to amend statement of claim granted; strike-out motion refused; costs reserved; directions for particulars and further hearing given.

Orders

  • Leave granted to the plaintiff to file an amended statement of claim in terms of the draft filed and served on 1 March 2002.
  • Any request by the first defendant for particulars to be made within 21 days, and responded to within 14 days.