Newman v Whittington [2022] NSWSC 1725

Newman v Whittington [2022] NSWSC 1725

The court held that leave should be granted to file a Fourth Amended Statement of Claim, except in respect of paragraphs insufficiently pleading the role of the defendant in publication, and that the absence of a separate concerns notice for later publications did not bar their inclusion, as the same or similar imputations were covered by the notice already served. The court accepted that particulars given regarding downloading, likes, shares, and readership met the specific pleading requirements, but required more direct pleading of the defendant's role and proper particulars for special damages.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Defamation Proceeding / Interlocutory Application—motion for Leave to File Amended Statement of Claim, Challenge to Adequacy of Pleadings and Requirements for Concerns Notice
Outcome
Leave to file amended statement of claim granted in part; motion dismissed in part and upheld in part; costs in the cause.
Legal Topics
['pleadings—amendment of Statement of Claim' 'defamation—concerns Notice' 'publication—particulars of Publication' 'special Damages in Defamation' 'pleading Requirements Under Ucpr']
['defamation' 'civil Procedure'] ['pleadings—amendment of Statement of Claim' 'defamation—concerns Notice' 'publication—particulars of Publication' 'special Damages in Defamation' 'pleading Requirements Under Ucpr']

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Procedural Posture

Defamation Proceeding / Interlocutory Application—motion for Leave to File Amended Statement of Claim, Challenge to Adequacy of Pleadings and Requirements for Concerns Notice

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to file a Fourth Amended Statement of Claim' 'Whether the lack of a concerns notice in respect of two matters bars their inclusion in the pleadings' 'Whether the statement of claim adequately pleads publication and special damages' 'Whether the court should revisit interlocutory orders already made']

Ratio Decidendi

The court held that leave should be granted to file a Fourth Amended Statement of Claim, except in respect of paragraphs insufficiently pleading the role of the defendant in publication, and that the absence of a separate concerns notice for later publications did not bar their inclusion, as the same or similar imputations were covered by the notice already served. The court accepted that particulars given regarding downloading, likes, shares, and readership met the specific pleading requirements, but required more direct pleading of the defendant's role and proper particulars for special damages.

Court Disposition

Leave to file amended statement of claim granted in part; motion dismissed in part and upheld in part; costs in the cause.

Orders

  • ['Grant leave to file a Fourth Amended Statement of Claim except as outlined in the reasons for judgment' "Dismiss the defendant's motion insofar as it deals with lack of a concerns notice for matters 11 and 12 and as to the particulars of downloading and readership" 'Uphold the motion insofar as it deals with...