JE v Central Coast Local Health District & Ors [2022] NSWDC 31

JE v Central Coast Local Health District & Ors [2022] NSWDC 31

The statement of claim is hopeless, fails to identify any cause of action for defamation or specify any actionable publication, and is both time-barred and abusive of process. No further leave to amend is warranted and the proceedings should be struck out and dismissed pursuant to UCPR r 13.4 and r 14.28.

Parties
Plaintiff: JE; First Defendant: Central Coast Local Health District; Second Defendant: State of New South Wales; Third Defendant: Australian Communications and Media Authority; Fourth Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Civil / Summary Dismissal/strike Out Application
Outcome
Proceedings struck out and dismissed; costs awarded to first, second and fourth defendants.
Legal Topics
Defamation, Summary Dismissal, Abuse of Process, Pleadings, Court Suppression/non Publication
Tort Civil Procedure Defamation Summary Dismissal Abuse of Process Pleadings Court Suppression/non Publication

Case Brief

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Parties

JE

Plaintiff

Central Coast Local Health District

First Defendant

State of New South Wales

Second Defendant

Australian Communications and Media Authority

Third Defendant

Nationwide News Pty Ltd

Fourth Defendant

Procedural Posture

Civil / Summary Dismissal/strike Out Application

Legal Issues

  1. 1 Whether the plaintiff's statement of claim discloses a reasonable cause of action for defamation against any of the defendants
  2. 2 Whether the proceedings amount to an abuse of process or are otherwise frivolous or vexatious as per UCPR r 13.4
  3. 3 Whether the proceedings should be dismissed or struck out under UCPR r 13.4 and r 14.28

Ratio Decidendi

The statement of claim is hopeless, fails to identify any cause of action for defamation or specify any actionable publication, and is both time-barred and abusive of process. No further leave to amend is warranted and the proceedings should be struck out and dismissed pursuant to UCPR r 13.4 and r 14.28.

Court Disposition

Proceedings struck out and dismissed; costs awarded to first, second and fourth defendants.

Orders

  • Pursuant to Court Suppression and Non-Publication Orders Act 2010 (NSW) s 8, the plaintiff's name is suppressed and replaced with the pseudonym adopted in this judgment.
  • Defendants' notices of motion granted; pursuant to UCPR r 13.4 and r 14.28, these proceedings are struck out and dismissed.