Cassar v Network Ten Pty Ltd [2014] NSWSC 1576

Cassar v Network Ten Pty Ltd [2014] NSWSC 1576

Adequate particulars of publication must be provided to enable the defendant to properly conduct its case; imputations (a) and (b) differ in substance but (a) is an alternative; imputation (d) is incapable of arising but leave granted to re-plead; fair order is that each party bear its own costs.

Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Defamation / Interlocutory Application
Outcome
Interlocutory rulings as to pleadings and particulars; each party to bear its own costs.
Legal Topics
['pleadings' 'imputations' 'particulars' 'extension of Limitation Period' 'amendment of Statement of Claim']
['defamation'] ['pleadings' 'imputations' 'particulars' 'extension of Limitation Period' 'amendment of Statement of Claim']

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Procedural Posture

Defamation / Interlocutory Application

Legal Issues

  1. 1 ['whether particulars of publication must be provided' 'whether certain imputations differ in substance and are capable of arising' 'whether leave should be granted to re-plead an imputation']

Ratio Decidendi

Adequate particulars of publication must be provided to enable the defendant to properly conduct its case; imputations (a) and (b) differ in substance but (a) is an alternative; imputation (d) is incapable of arising but leave granted to re-plead; fair order is that each party bear its own costs.

Court Disposition

Interlocutory rulings as to pleadings and particulars; each party to bear its own costs.

Orders

  • ['Plaintiff to provide the particulars in paragraph two of the letter dated 18 July 2014 by 19 September 2014.' 'Imputation 6(d) struck out as incapable of arising with leave to re-plead.' 'Leave to file an Amended Statement of Claim within three weeks.' 'Each party to bear its own costs of the application.']