Younan v Nationwide News Pty Ltd [2013] NSWCA 335

Younan v Nationwide News Pty Ltd [2013] NSWCA 335

Although the particulars before the primary judge did not allow for evidence that readers identified the plaintiffs as operators of the boarding house during the relevant period, an amendment allowing such particulars would permit an arguable case. Leave to amend should be granted; resultantly, leave to appeal is granted, the appeal allowed, and the prior orders set aside.

Parties
First Appellant: Eddy Younan; Second Appellant: Jocelyn Younan; First Respondent: Nationwide News Pty Ltd; Second Respondent: Peter Bodkin
Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Appeal / Leave to Appeal and Appeal From Interlocutory Order
Outcome
Appeal allowed; prior orders set aside; leave to amend granted; costs orders made against plaintiffs
Legal Topics
Identification of Plaintiffs, Particulars of Identification, Amendment of Pleadings, Separate Determination of Questions, Summary Dismissal
Defamation Identification of Plaintiffs Particulars of Identification Amendment of Pleadings Separate Determination of Questions Summary Dismissal

Case Brief

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Parties

Eddy Younan

First Appellant

Jocelyn Younan

Second Appellant

Nationwide News Pty Ltd

First Respondent

Peter Bodkin

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal From Interlocutory Order

Legal Issues

  1. 1 Whether the article was reasonably capable of identifying the plaintiffs to readers with knowledge of particularised extrinsic facts
  2. 2 Whether the plaintiffs should be granted leave to amend their particulars of identification

Ratio Decidendi

Although the particulars before the primary judge did not allow for evidence that readers identified the plaintiffs as operators of the boarding house during the relevant period, an amendment allowing such particulars would permit an arguable case. Leave to amend should be granted; resultantly, leave to appeal is granted, the appeal allowed, and the prior orders set aside.

Court Disposition

Appeal allowed; prior orders set aside; leave to amend granted; costs orders made against plaintiffs

Orders

  • Grant the plaintiffs leave to appeal.
  • Allow the appeal.