ENNIS v TCN CHANNEL NINE PTY LIMITED [2007] NSWSC 1106

ENNIS v TCN CHANNEL NINE PTY LIMITED [2007] NSWSC 1106

The previous and current proceedings relate to separate segments of the broadcast, separated in time, giving rise to non-overlapping imputations and potentially different audiences. The plaintiff cannot be estopped from commencing new proceedings for the separate segment, but leave under s 9(3) is required and should be granted, confined to different imputations than those pleaded in the original action.

Parties
Plaintiff: Kevin John Ennis; Defendant: TCN Channel 9
Jurisdiction
Australia
Judgment Date
08 October 2007
Procedural Posture
Civil / Interlocutory Application for Leave to Commence Fresh Proceedings and Related Orders
Outcome
Leave granted to commence proceedings under s 9(3) of the Defamation Act 1974; consequential directions issued.
Legal Topics
Estoppel, Leave to Commence Fresh Proceedings, Pleading of Imputations, Amendment of Statement of Claim
Defamation Estoppel Leave to Commence Fresh Proceedings Pleading of Imputations Amendment of Statement of Claim

Case Brief

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Parties

Kevin John Ennis

Plaintiff

TCN Channel 9

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Commence Fresh Proceedings and Related Orders

Legal Issues

  1. 1 Whether the plaintiff is estopped from commencing fresh defamation proceedings concerning broadcast material not included in original proceedings
  2. 2 Whether leave is required under s 9(3) of the Defamation Act 1974 to commence the fresh proceedings

Ratio Decidendi

The previous and current proceedings relate to separate segments of the broadcast, separated in time, giving rise to non-overlapping imputations and potentially different audiences. The plaintiff cannot be estopped from commencing new proceedings for the separate segment, but leave under s 9(3) is required and should be granted, confined to different imputations than those pleaded in the original action.

Court Disposition

Leave granted to commence proceedings under s 9(3) of the Defamation Act 1974; consequential directions issued.

Orders

  • Leave granted to the plaintiff to commence these proceedings under s 9(3) of the Defamation Act 1974.
  • The plaintiff to file and serve an amended statement of claim within 7 days.