Ferrier v McRae [2015] NSWSC 1379

Ferrier v McRae [2015] NSWSC 1379

The Court declined to rule on the application to strike out the pleading and instead granted the plaintiff further time to file an amended statement of claim, considering the recent change of counsel and the constructive use of the Court's time.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Defamation / Interlocutory Proceeding
Outcome
Further amended statement of claim to be filed by 2 October 2015; proceedings stood over to 9 October 2015.
Legal Topics
['pleadings' 'application to Strike Out' 'adjournment']
['defamation'] ['pleadings' 'application to Strike Out' 'adjournment']

Case Brief

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Procedural Posture

Defamation / Interlocutory Proceeding

Legal Issues

  1. 1 ['Whether the statement of claim should be struck out for failure to cure defects' 'Whether the plaintiff should be granted a further adjournment to amend the pleading']

Ratio Decidendi

The Court declined to rule on the application to strike out the pleading and instead granted the plaintiff further time to file an amended statement of claim, considering the recent change of counsel and the constructive use of the Court's time.

Court Disposition

Further amended statement of claim to be filed by 2 October 2015; proceedings stood over to 9 October 2015.

Orders

  • ['Plaintiff to file any further amended statement of claim by close of business on 2 October 2015.' 'Proceedings stood over to 9 October 2015.' 'Court will entertain any application in respect of the amended statement of claim filed 17 September 2015, or any application in respect of the further amended statement of...