John Zunter v John Fairfax Publications Pty Limited [2004] NSWSC 696

John Zunter v John Fairfax Publications Pty Limited [2004] NSWSC 696

The cross-claim does not provide sufficiently precise particulars required to properly allege the State’s liability as joint tortfeasor or accessory for contribution; thus, paragraphs 3 and 4 of the cross-claim are struck out with leave to replead.

Jurisdiction
Australia
Judgment Date
10 August 2004
Procedural Posture
Defamation / Interlocutory Application on Cross Claim Pleadings
Outcome
Paragraphs 3 and 4 of the Cross-Claim struck out with leave to replead; matter stood over to Defamation Directions list; costs and jury issue reserved.
Legal Topics
['republication in Defamation' 'contribution Between Tortfeasors' 'pleading Requirements' 'joint Tortfeasorship']
['defamation' 'tort Law' 'civil Procedure'] ['republication in Defamation' 'contribution Between Tortfeasors' 'pleading Requirements' 'joint Tortfeasorship']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Interlocutory Application on Cross Claim Pleadings

Legal Issues

  1. 1 ["Whether the cross-claim adequately pleads the State's alleged liability as joint tortfeasor or accessory for contribution" 'Whether sufficient particulars of facts and words published are provided in respect of the cross-claim' 'Whether the State is entitled to particulars as if sued as a defendant in defamation by the plaintiff']

Ratio Decidendi

The cross-claim does not provide sufficiently precise particulars required to properly allege the State’s liability as joint tortfeasor or accessory for contribution; thus, paragraphs 3 and 4 of the cross-claim are struck out with leave to replead.

Court Disposition

Paragraphs 3 and 4 of the Cross-Claim struck out with leave to replead; matter stood over to Defamation Directions list; costs and jury issue reserved.

Orders

  • ['Paragraphs 3 and 4 of the Cross-Claim be struck out with leave to replead.' 'Matter stood over to the Defamation Directions list before Nicholas J at 9.30am 16 August 2004.']