Sporting Shooters Association v Judge [2013] NSWSC 1783

Sporting Shooters Association v Judge [2013] NSWSC 1783

The defence filed 2 September 2013 was plainly embarrassing and liable to be struck out, but it would not accord with the dictates of justice to refuse any further opportunity to plead because the defendant was unrepresented, had engaged with the process, appeared to have possible defences of qualified privilege, honest opinion and substantial truth, and the amended statement of claim itself may have pleading difficulties. The defendant was therefore allowed further time and referred for pro bono assistance.

Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Defamation Proceedings / Interlocutory Application to Strike Out Defence
Outcome
Defence filed 2 September 2013 struck out; defendant given two months to file a defence to the amended statement of claim and referred for legal assistance.
Legal Topics
['pleadings' 'strike Out of Defence' 'litigant in Person' 'qualified Privilege' 'honest Opinion' 'substantial Truth' 'pro Bono Referral']
['defamation' 'civil Procedure'] ['pleadings' 'strike Out of Defence' 'litigant in Person' 'qualified Privilege' 'honest Opinion' 'substantial Truth' 'pro Bono Referral']

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Procedural Posture

Defamation Proceedings / Interlocutory Application to Strike Out Defence

Legal Issues

  1. 1 ['Whether the defence filed 2 September 2013 was embarrassing and liable to be struck out.' 'Whether the defendant should be given a further opportunity to plead a defence to the amended statement of claim.' 'Whether the defendant should be referred for pro bono legal assistance to settle a defence.']

Ratio Decidendi

The defence filed 2 September 2013 was plainly embarrassing and liable to be struck out, but it would not accord with the dictates of justice to refuse any further opportunity to plead because the defendant was unrepresented, had engaged with the process, appeared to have possible defences of qualified privilege, honest opinion and substantial truth, and the amended statement of claim itself may have pleading difficulties. The defendant was therefore allowed further time and referred for pro bono assistance.

Court Disposition

Defence filed 2 September 2013 struck out; defendant given two months to file a defence to the amended statement of claim and referred for legal assistance.

Orders

  • ['The defence filed 2 September 2013 be struck out.' 'The defendant file a defence to the amended statement of claim within two months.' 'Mr Judge is referred to the Registrar for a referral to a barrister or solicitor for legal assistance in the first instance for the purpose of settling a defence to the amended...