Darling v Daniels [2025] FCA 81

Darling v Daniels [2025] FCA 81

The pleading failed to articulate with sufficient precision the material facts that are said to make Seven West Media liable as a publisher and vicariously liable for Mr Daniels' acts; as such, the impugned paragraphs must be struck out as they do not adequately disclose the case to be met.

Parties
Applicant: Jack Darling; First Respondent: Ryan Daniels; Second Respondent: Seven West Media (ABN 91 053 480 845)
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Interlocutory Application / Strike Out Application
Outcome
Strike out application allowed in part; applicant granted leave to replead; costs orders as specified
Legal Topics
Pleadings, Strike Out Application, Defamation, Vicarious Liability, Publication
Practice and Procedure Pleadings Strike Out Application Defamation Vicarious Liability Publication

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Parties

Jack Darling

Applicant

Ryan Daniels

First Respondent

Seven West Media (ABN 91 053 480 845)

Second Respondent

Procedural Posture

Interlocutory Application / Strike Out Application

Legal Issues

  1. 1 Whether paragraphs of the applicant's statement of claim disclose sufficient material facts regarding publication and vicarious liability for defamation to withstand a strike out application
  2. 2 Whether the applicant's pleading is defective for failing to articulate the basis for Seven West Media's alleged liability as a publisher and for vicarious liability for acts of Mr Daniels

Ratio Decidendi

The pleading failed to articulate with sufficient precision the material facts that are said to make Seven West Media liable as a publisher and vicariously liable for Mr Daniels' acts; as such, the impugned paragraphs must be struck out as they do not adequately disclose the case to be met.

Court Disposition

Strike out application allowed in part; applicant granted leave to replead; costs orders as specified

Orders

  • Specified paragraphs of the applicant's statement of claim be struck out
  • Applicant to file and serve a third further amended statement of claim