Kimber v McDonald [2018] NSWSC 1845

Kimber v McDonald [2018] NSWSC 1845

The plaintiff's pleadings failed to articulate any cause of action in understandable terms; leave to re-plead was refused as there was no utility and the proceedings were dismissed.

Parties
Plaintiff: Janelle Kimber; First Defendant: Jim McDonald; Second Defendant: Scott Martin
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Civil / First Listing, Motion to Strike Out, Dismissal
Outcome
Proceedings dismissed with costs
Legal Topics
Pleadings, Defamation, Embarrassing Pleadings, Leave to Amend
Civil Procedure Pleadings Defamation Embarrassing Pleadings Leave to Amend

Case Brief

Summary, issues, holding and outcome

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Parties

Janelle Kimber

Plaintiff

Jim McDonald

First Defendant

Scott Martin

Second Defendant

Procedural Posture

Civil / First Listing, Motion to Strike Out, Dismissal

Legal Issues

  1. 1 Whether the plaintiff's statement of claim discloses a discernible cause of action.
  2. 2 Whether leave should be granted to file an amended pleading.

Ratio Decidendi

The plaintiff's pleadings failed to articulate any cause of action in understandable terms; leave to re-plead was refused as there was no utility and the proceedings were dismissed.

Court Disposition

Proceedings dismissed with costs

Orders

  • Proceedings dismissed.
  • Plaintiff to pay defendants' costs.