Foley v Radford [2006] NSWDC 56

All pleaded imputations are conveyed and defamatory, the defendant failed to demonstrate the proceedings were an abuse of process or otherwise suitable to be struck out, and the matter should proceed to trial for determination of any defence such as justification.

Jurisdiction: Australia
Judgment Date: 20 October 2006
Procedural Posture: Defamation / Interlocutory Determination (s.7 a Trial and Application to Strike Out as Abuse of Process)
Outcome: Defendant's application to strike out proceedings dismissed; all pleaded imputations are conveyed and defamatory.
Legal Topics: ['defamation' 'abuse of Process' 'summary Dismissal']

['tort'] ['defamation' 'abuse of Process' 'summary Dismissal']

Case Brief

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Procedural Posture

Defamation / Interlocutory Determination (s.7 a Trial and Application to Strike Out as Abuse of Process)

Legal Issues

1 ['Whether the pleaded imputations are conveyed and defamatory under s.7A Defamation Act 1974' 'Whether the proceedings should be struck out as an abuse of process']

Ratio Decidendi

Court Disposition

Defendant's application to strike out proceedings dismissed; all pleaded imputations are conveyed and defamatory.

Orders

['Pursuant to s.7A Defamation Act 1974, imputations 4(a)-(f), 7(a)-(e) and 10(a)-(g) are conveyed and defamatory.' "Defendant's application for proceedings to be struck out as an abuse of process are dismissed." "Defendant to pay plaintiff's costs." 'The defendant is to file a Defence (including full particulars of...