Freeburn v The Cake Decorators Association of NSW Inc. [2014] NSWDC 88

Freeburn v The Cake Decorators Association of NSW Inc. [2014] NSWDC 88

The Court held that the August and December 2012 issues of 'Pipeline' were not sufficiently connected, lacking direct references or continuity, and that the attempt to include the August 2012 motion was time-barred. Several pleaded imputations were struck out as incapable of being conveyed, insufficiently distinct, or defective, with leave to replead in specified respects.

Parties
Plaintiff: Kay Freeburn; First Defendant: The Cake Decorators Association of NSW Inc.; Second Defendant: Eileen Manning; Third Defendant: Wendy Simpson
Jurisdiction
Australia
Judgment Date
04 July 2014
Procedural Posture
Interlocutory Application / Ruling on Pleadings and Preliminary Applications
Outcome
Interlocutory orders on pleadings and directions for further conduct, with costs against plaintiff.
Legal Topics
Defamation, Pleadings, Striking in Material, Imputations, Civil Procedure
Tort Defamation Pleadings Striking in Material Imputations Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Kay Freeburn

Plaintiff

The Cake Decorators Association of NSW Inc.

First Defendant

Eileen Manning

Second Defendant

Wendy Simpson

Third Defendant

Procedural Posture

Interlocutory Application / Ruling on Pleadings and Preliminary Applications

Legal Issues

  1. 1 Whether additional publications may be 'struck in' as part of the matter complained of in defamation proceedings
  2. 2 Whether certain pleaded imputations are legally capable of being conveyed by the matter complained of
  3. 3 Whether leave should be granted to replead any imputations

Ratio Decidendi

The Court held that the August and December 2012 issues of 'Pipeline' were not sufficiently connected, lacking direct references or continuity, and that the attempt to include the August 2012 motion was time-barred. Several pleaded imputations were struck out as incapable of being conveyed, insufficiently distinct, or defective, with leave to replead in specified respects.

Court Disposition

Interlocutory orders on pleadings and directions for further conduct, with costs against plaintiff.

Orders

  • On the defendant's application, with the plaintiff neither consenting nor opposing, the entire issue of 'Pipeline' for December 2012 is struck in to the matter complained of.
  • The plaintiff's application to strike in Motion 4 from the August 2012 edition of 'Pipeline' is dismissed.