Jonah Pty Limited v Gold [2007] NSWSC 1428

Jonah Pty Limited v Gold [2007] NSWSC 1428

The pleadings in relation to nuisance and injurious falsehood are sufficiently particularised. Causation and special damage are adequately pleaded for both causes of action and are matters for trial. The defendant's notice of motion to strike out parts of the statement of claim is dismissed.

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Civil / Interlocutory Motions
Outcome
Plaintiff granted leave to file and serve a further amended statement of claim; defendant's strike out application dismissed; costs reserved.
Legal Topics
['nuisance' 'injurious Falsehood' 'pleading Requirements' 'strike Out Application']
['torts'] ['nuisance' 'injurious Falsehood' 'pleading Requirements' 'strike Out Application']

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

Civil / Interlocutory Motions

Legal Issues

  1. 1 ["Whether the plaintiff's statement of claim adequately pleads causation and damage for the tort of nuisance" 'Whether the statement of claim adequately pleads the elements of injurious falsehood' "Whether the defendant's strike out application should be granted"]

Ratio Decidendi

The pleadings in relation to nuisance and injurious falsehood are sufficiently particularised. Causation and special damage are adequately pleaded for both causes of action and are matters for trial. The defendant's notice of motion to strike out parts of the statement of claim is dismissed.

Court Disposition

Plaintiff granted leave to file and serve a further amended statement of claim; defendant's strike out application dismissed; costs reserved.

Orders

  • ['Leave granted to plaintiff to file and serve a further amended statement of claim by 12 January 2008.' "Defendant's notice of motion filed 25 October 2007 is dismissed." 'Costs are reserved.']