Rothe v Scott (No. 2) [2015] NSWDC 143

Rothe v Scott (No. 2) [2015] NSWDC 143

The defendant's application to reinstate the defence of justification is refused because no adequate particulars were provided, and longstanding legal principles require a defendant to particularise a justification defence before discovery; the defendant's proposed pleading does not meet these requirements and no material change in circumstances justifies revisiting the earlier ruling.

Jurisdiction
Australia
Judgment Date
30 July 2015
Procedural Posture
Civil / Interlocutory Application Ruling on Reinstatement of Pleaded Defence
Outcome
Application refused; costs ordered; directions for amended defence and return date given.
Legal Topics
['pleading Particulars' 'justification Defence' 'practice and Procedure']
['defamation'] ['pleading Particulars' 'justification Defence' 'practice and Procedure']

Case Brief

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Procedural Posture

Civil / Interlocutory Application Ruling on Reinstatement of Pleaded Defence

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to reinstate the defence of justification to imputations 3(b) and 3(c)' 'Whether defendant can delay providing particulars pending discovery, interrogatories or subpoenas']

Ratio Decidendi

The defendant's application to reinstate the defence of justification is refused because no adequate particulars were provided, and longstanding legal principles require a defendant to particularise a justification defence before discovery; the defendant's proposed pleading does not meet these requirements and no material change in circumstances justifies revisiting the earlier ruling.

Court Disposition

Application refused; costs ordered; directions for amended defence and return date given.

Orders

  • ['On the application of the defendant to amend the Defence, the hearing date of 20 August 2015 is vacated and defendant is granted leave to file an Amended Defence limited to defences of qualified privilege (statutory and at common law), honest opinion, and unlikelihood of harm.' "Defendant to pay plaintiff's costs...