Menulog Pty Ltd v TCN Channel Nine Pty Ltd (No 3) [2012] NSWSC 908

Menulog Pty Ltd v TCN Channel Nine Pty Ltd (No 3) [2012] NSWSC 908

The particulars already provided did not adequately expose the case Channel Nine would have to meet at trial. Channel Nine was entitled to the facts, matters and circumstances relied upon to establish the alleged affiliation with Cuisine Courier, the factual basis for the alleged states of mind supporting malice, and a direct answer identifying whether Menulog would rely only on a likely downturn in trade or on any particular kind of actual damage. Menulog was therefore required to provide further particulars.

Jurisdiction
Australia
Judgment Date
10 August 2012
Procedural Posture
Proceedings for Injurious Falsehood / Interlocutory Application by the Defendant for Further and Better Particulars
Outcome
Plaintiff ordered to provide further particulars.
Legal Topics
['injurious Falsehood' 'malice' 'actual Damage' 'injunctive Relief' 'particulars' 'notice to Produce']
['tort' 'civil Procedure'] ['injurious Falsehood' 'malice' 'actual Damage' 'injunctive Relief' 'particulars' 'notice to Produce']

Case Brief

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Procedural Posture

Proceedings for Injurious Falsehood / Interlocutory Application by the Defendant for Further and Better Particulars

Legal Issues

  1. 1 ['Whether the defendant was entitled to further particulars of the alleged affiliation between Menulog and Cuisine Courier.' 'Whether the defendant was entitled to further particulars of the facts, matters and circumstances relied upon to establish malice.' 'Whether the defendant was entitled to further particulars of the alleged probability of actual damage where the only relief sought was injunctive relief.' 'Whether documents referred to in the statement of claim should be produced.']

Ratio Decidendi

The particulars already provided did not adequately expose the case Channel Nine would have to meet at trial. Channel Nine was entitled to the facts, matters and circumstances relied upon to establish the alleged affiliation with Cuisine Courier, the factual basis for the alleged states of mind supporting malice, and a direct answer identifying whether Menulog would rely only on a likely downturn in trade or on any particular kind of actual damage. Menulog was therefore required to provide further particulars.

Court Disposition

Plaintiff ordered to provide further particulars.

Orders

  • ['The plaintiff is to provide further answer to questions 3, 4, 5, 6, 7, 9, 10, 13, 14 and 15 of the letter dated 18 June 2012 from Johnson Winter & Slattery to Diamond Conway Lawyers (page 14 of Exhibit A).']