Hussey v Ramsay Healthcare Australia Pty Limited [2015] NSWSC 1769

Leave is granted to the plaintiff to file a further amended statement of claim in accordance with the Court's indications regarding imputations and particulars of aggravated damages, as no warrant exists at this stage to strike out particulars; issues raised should be debated at trial.

Parties: Plaintiff: Melissa Hussey; First Defendant: Ramsay Health Care Australia Pty Limited; Second Defendant: Grant Frecklington; Third Defendant: Maria Read
Jurisdiction: Australia
Judgment Date: 13 November 2015
Procedural Posture: Defamation / Application for Leave to Amend Statement of Claim
Outcome: Leave granted for plaintiff to file amended statement of claim.
Legal Topics: Pleadings, Amended Statement of Claim, Aggravated Damages, Particulars, Striking Out, Leave to Amend

Defamation Pleadings Amended Statement of Claim Aggravated Damages Particulars Striking Out Leave to Amend

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Parties

Melissa Hussey

Plaintiff

Ramsay Health Care Australia Pty Limited

First Defendant

Grant Frecklington

Second Defendant

Maria Read

Third Defendant

Procedural Posture

Defamation / Application for Leave to Amend Statement of Claim

Legal Issues

1 Whether leave should be granted to file a further amended statement of claim
2 Whether particulars of aggravated damages ought to be struck out or be allowed to stand

Ratio Decidendi

Court Disposition

Leave granted for plaintiff to file amended statement of claim.

Orders

Leave granted to the plaintiff to file a further amended statement of claim in accordance with these reasons within 14 days.