Lansley v Gaynon [2000] NSWSC 746

Lansley v Gaynon [2000] NSWSC 746

Plaintiff's statement of claim was insufficiently particularised as regards both republication and true innuendo imputations; plaintiff given leave to further amend and provide proper particulars; costs awarded to defendant for success at this stage.

Parties
Plaintiff: Julia Dawn Lansley; Defendant: Terence Patrick Gaynon
Jurisdiction
Australia
Judgment Date
04 August 2000
Procedural Posture
Defamation / Interlocutory Determination of Pleadings and Particulars
Outcome
Plaintiff granted leave to further amend and particularise statement of claim; directions given for subsequent steps; costs of hearing awarded to defendant.
Legal Topics
Particulars of Republication, True Innuendo, Metaphor in Defamatory Meaning, Pleading Requirements in Defamation, Costs Orders
Defamation Particulars of Republication True Innuendo Metaphor in Defamatory Meaning Pleading Requirements in Defamation Costs Orders

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Parties

Julia Dawn Lansley

Plaintiff

Terence Patrick Gaynon

Defendant

Procedural Posture

Defamation / Interlocutory Determination of Pleadings and Particulars

Legal Issues

  1. 1 Whether the pleading of imputations by true innuendo is properly particularised
  2. 2 Whether particulars of republication are sufficient and properly given
  3. 3 Whether the defendant is liable for republication

Ratio Decidendi

Plaintiff's statement of claim was insufficiently particularised as regards both republication and true innuendo imputations; plaintiff given leave to further amend and provide proper particulars; costs awarded to defendant for success at this stage.

Court Disposition

Plaintiff granted leave to further amend and particularise statement of claim; directions given for subsequent steps; costs of hearing awarded to defendant.

Orders

  • The plaintiff has leave to file, by 5.00pm Friday 18 August 2000, a Further Amended Statement of Claim providing proper particulars under SCR Pt 67 r 12(c) and of republication in accordance with these reasons.
  • The defendant is to notify the plaintiff by 5.00pm Friday 25 August 2000 of any additional objection to the amended pleading together with an outline of supporting submissions, and the plaintiff, by 5.00pm on Thursday 31 August 2000 is to notify the defendant of any submissions in reply.