Kermani & Ors v Seervai [2021] NSWDC 449

Kermani & Ors v Seervai [2021] NSWDC 449

The pleadings failed to properly plead necessary matters regarding publication, republication, and identification fundamental to defamation actions; certain imputations were struck out as not capable of being conveyed or lacking defamatory meaning, while technical challenges to other imputations' form were dismissed. Costs were awarded to the defendant as the successful party on most issues.

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Civil / Interlocutory; Procedural Application to Strike Out Parts of Statement of Claim
Outcome
Interlocutory orders made; parts of statement of claim struck out with leave to replead; costs ordered against plaintiffs.
Legal Topics
['publication' 'identification' 'imputations' 'defamatory Meaning' 'pleading Requirements' 'costs']
['defamation' 'tort'] ['publication' 'identification' 'imputations' 'defamatory Meaning' 'pleading Requirements' 'costs']

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Procedural Posture

Civil / Interlocutory; Procedural Application to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 ['Whether plaintiffs can sue for publications sent only to themselves' 'Whether plaintiffs can sue for republication made by themselves' 'Sufficiency of pleadings regarding identification in group libel' 'Capacity of pleaded imputations to be conveyed or be defamatory meaning']

Ratio Decidendi

The pleadings failed to properly plead necessary matters regarding publication, republication, and identification fundamental to defamation actions; certain imputations were struck out as not capable of being conveyed or lacking defamatory meaning, while technical challenges to other imputations' form were dismissed. Costs were awarded to the defendant as the successful party on most issues.

Court Disposition

Interlocutory orders made; parts of statement of claim struck out with leave to replead; costs ordered against plaintiffs.

Orders

  • ['Strike out paragraph 24 (claim for republications by third plaintiff) with leave to replead.' 'Strike out paragraph 25 (identification for YouTube publication) with leave to replead.' 'Pursuant to UCPR r 28.2, strike out imputations 30(a), 36(a), 36(c), 41(a), 41(c), 46(a), 46(b), 46(c), 46(d), and 50(a) as not...