Randell v McLachlain [2022] NSWDC 506

Randell v McLachlain [2022] NSWDC 506

The concerns notice was invalid for failure to particularise serious harm and failure to specify the location of the matter as required by the Defamation Act 2005 (NSW), and further, the statement of claim provided insufficient particulars of both serious harm and downloading. Consequently, the proceedings were struck out and dismissed.

Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Civil / Application to Strike Out Procedural Ruling
Outcome
Proceedings dismissed; Plaintiff's concerns notice struck out; Plaintiff to pay defendant's costs
Legal Topics
['defamation' 'serious Harm Threshold' 'concerns Notice Validity' 'pleading and Particulars' 'social Media Publication' 'downloading Requirement' 'costs']
['tort' 'defamation'] ['defamation' 'serious Harm Threshold' 'concerns Notice Validity' 'pleading and Particulars' 'social Media Publication' 'downloading Requirement' 'costs']

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Procedural Posture

Civil / Application to Strike Out Procedural Ruling

Legal Issues

  1. 1 ['Whether the concerns notice was valid under Defamation Act 2005 (NSW)' 'Whether the concerns notice and statement of claim adequately particularised serious harm as required by s 10A and s 12A of the Defamation Act 2005 (NSW)' 'Whether particulars of downloading and publication were sufficiently pleaded per legal requirements' 'Whether leave to replead should be granted if the concerns notice/statement of claim are deficient']

Ratio Decidendi

The concerns notice was invalid for failure to particularise serious harm and failure to specify the location of the matter as required by the Defamation Act 2005 (NSW), and further, the statement of claim provided insufficient particulars of both serious harm and downloading. Consequently, the proceedings were struck out and dismissed.

Court Disposition

Proceedings dismissed; Plaintiff's concerns notice struck out; Plaintiff to pay defendant's costs

Orders

  • ["Plaintiff's concerns notice struck out; proceedings dismissed." "The plaintiff is to pay the defendant's costs of the proceedings, with liberty to apply."]