Rothe v Scott [2015] NSWDC 105

Rothe v Scott [2015] NSWDC 105

The defence of justification was struck out as the particulars provided were wholly deficient, did not adequately address the pleaded imputations, and there was a refusal to provide further particulars making the defence untenable.

Parties
Plaintiff: Kenneth Rothe; Defendant: David Scott
Jurisdiction
Australia
Judgment Date
04 June 2015
Procedural Posture
Civil / Interlocutory Application to Strike Out Defence
Outcome
Defence of justification struck out; case referred to mediation; matter stood over for further directions
Legal Topics
Striking Out Pleadings, Defence of Justification, Pleading Requirements, Particulars of Justification
Tort Defamation Striking Out Pleadings Defence of Justification Pleading Requirements Particulars of Justification

Case Brief

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Parties

Kenneth Rothe

Plaintiff

David Scott

Defendant

Procedural Posture

Civil / Interlocutory Application to Strike Out Defence

Legal Issues

  1. 1 Whether the defence of justification pleaded by the defendant discloses an arguable defence or is so deficient as to be struck out
  2. 2 The circumstances in which a plea of justification will be struck out in defamation proceedings

Ratio Decidendi

The defence of justification was struck out as the particulars provided were wholly deficient, did not adequately address the pleaded imputations, and there was a refusal to provide further particulars making the defence untenable.

Court Disposition

Defence of justification struck out; case referred to mediation; matter stood over for further directions

Orders

  • Strike out the defence of justification in paragraph 6A.
  • Pursuant to s 26 Civil Procedure Act 2005 (NSW), direct the parties to attend for mediation before an assistant registrar of the District Court on Tuesday 16 June 2015.