Lanser v Madigan [2004] NSWSC 1233

The defence and cross-claim documents are struck out for failing to meet pleading requirements and not clearly stating or supporting issues for trial; cross-claim does not disclose a cause of action; costs awarded to plaintiff.

Jurisdiction: Australia
Judgment Date: 19 August 2004
Procedural Posture: Civil / Application to Strike Out Defence and Cross Claim
Outcome: Application granted. Defence and cross-claim struck out. Leave to re-plead defence; costs to plaintiff.
Legal Topics: ['pleading Requirements' 'substantial Truth Defence' 'parliamentary Privilege' 'costs' 'cross Claim Procedure']

['defamation'] ['pleading Requirements' 'substantial Truth Defence' 'parliamentary Privilege' 'costs' 'cross Claim Procedure']

Case Brief

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Procedural Posture

Civil / Application to Strike Out Defence and Cross Claim

Legal Issues

1 ['Whether the defences and cross-claim as filed meet pleading standards.' 'Whether the defence sufficiently sets out the basis for denial of publication.' 'Whether there is a cause of action in the cross-claim.' 'The admissibility of evidence relating to parliamentary proceedings under Parliamentary Privileges Act 1987.']

Ratio Decidendi

Court Disposition

Application granted. Defence and cross-claim struck out. Leave to re-plead defence; costs to plaintiff.

Orders

['The defence filed on 22 April 2004, the cross-claim filed on the same date, and the amended defence filed on 4 June 2004 are struck out.' "The defendant is to pay the plaintiff's costs." 'Any amended defence is to be filed on or before 1 October 2004.']