Nikolopoulos & 10 Ors v Greek Herald Pty Limited & Anor [1999] NSWSC 420

Nikolopoulos & 10 Ors v Greek Herald Pty Limited & Anor [1999] NSWSC 420

The Court held that the method of particularisation adopted by the plaintiffs, relying on the whole of each publication to convey each imputation, was not embarrassing to the defendants or inadequate given the form, content, and tenor of the publications; the application for further particulars was therefore dismissed.

Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Defamation / Interlocutory Application for Further Particulars
Outcome
Defendants’ application for further particulars dismissed
Legal Topics
['imputations' 'particulars of Matter Complained Of']
['defamation'] ['imputations' 'particulars of Matter Complained Of']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application for Further Particulars

Legal Issues

  1. 1 ['Adequacy of plaintiffs’ particulars in defamation proceedings' 'Whether reliance on whole of publication for each imputation embarrasses defendants']

Ratio Decidendi

The Court held that the method of particularisation adopted by the plaintiffs, relying on the whole of each publication to convey each imputation, was not embarrassing to the defendants or inadequate given the form, content, and tenor of the publications; the application for further particulars was therefore dismissed.

Court Disposition

Defendants’ application for further particulars dismissed

Orders

  • ['Plaintiffs’ application for further particulars dismissed' 'Defendants to pay plaintiffs’ costs of today' 'Plaintiffs may move under SCR Pt 31 r 2 for determination of capacity of matters to convey imputations; stood over to 11 June for argument' 'Defendants to give notice for any further applications by 5 pm on...