Milne v Ell [2015] NSWSC 569

Milne v Ell [2015] NSWSC 569

The strike-in application was refused because compelling the plaintiff to plead a collection of quotes attributed to Mr Ell in an article written by someone else would be unreliable as a single publication. The objection to the imputation was rejected because, once the strike-in application failed, the imputation had to be permitted to stand and in any event was not ambiguous. Leave to interrogate the second defendant as to the conversation relied upon for the first matter complained of was granted subject to an appropriate form of interrogatory.

Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Defamation Proceedings / First Listing in Accordance With Practice Note SC CL 4; Procedural Applications Concerning Pleadings, Imputation and Interrogatories
Outcome
Application to compel plaintiff to plead additional remarks refused; application to strike out imputation for ambiguity refused; application for leave to interrogate the second defendant granted.
Legal Topics
['pleadings' 'matter Complained Of' 'imputations' 'ambiguity' 'interrogatories']
['defamation' 'civil Procedure'] ['pleadings' 'matter Complained Of' 'imputations' 'ambiguity' 'interrogatories']

Case Brief

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Procedural Posture

Defamation Proceedings / First Listing in Accordance With Practice Note SC CL 4; Procedural Applications Concerning Pleadings, Imputation and Interrogatories

Legal Issues

  1. 1 ['Whether the plaintiff should be compelled to plead additional remarks attributed to the first defendant as part of the first matter complained of.' 'Whether the pleaded imputation that the plaintiff is not a fit and proper person to be a councillor should be struck out for ambiguity.' 'Whether leave should be granted to interrogate the second defendant as to the conversation relied upon for the first matter complained of.']

Ratio Decidendi

The strike-in application was refused because compelling the plaintiff to plead a collection of quotes attributed to Mr Ell in an article written by someone else would be unreliable as a single publication. The objection to the imputation was rejected because, once the strike-in application failed, the imputation had to be permitted to stand and in any event was not ambiguous. Leave to interrogate the second defendant as to the conversation relied upon for the first matter complained of was granted subject to an appropriate form of interrogatory.

Court Disposition

Application to compel plaintiff to plead additional remarks refused; application to strike out imputation for ambiguity refused; application for leave to interrogate the second defendant granted.

Orders

  • ['The strike-in application is refused.' 'The objections raised by the defendant are rejected.' 'Leave is granted to interrogate the second defendant, the proprietor of the Gold Coast Bulletin, as to the terms of the conversation relied upon for the first matter complained of, subject to the defendant bringing in an...