Gilbert v Catholic Education Office & Ors [2003] NSWSC 766

Gilbert v Catholic Education Office & Ors [2003] NSWSC 766

The pleadings as amended are capable of conveying each of the imputations (a)-(d); leave granted to amend; costs ordered.

Parties
Plaintiff: Michael Gilbert; First Defendant: Catholic Education Office; Second Defendant: Margaret Hilder; Fourth Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
18 August 2003
Procedural Posture
Defamation / Interlocutory Ruling on Pleadings and Amendment of Statement of Claim
Outcome
Leave granted to amend statement of claim; matter to proceed; costs awarded.
Legal Topics
Pleadings, Imputations, Amendment of Statement of Claim, Costs
Defamation Pleadings Imputations Amendment of Statement of Claim Costs

Case Brief

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Parties

Michael Gilbert

Plaintiff

Catholic Education Office

First Defendant

Margaret Hilder

Second Defendant

State of New South Wales

Fourth Defendant

Procedural Posture

Defamation / Interlocutory Ruling on Pleadings and Amendment of Statement of Claim

Legal Issues

  1. 1 Whether the pleaded imputations are capable of being conveyed by the matters complained of
  2. 2 Whether the plaintiff should be granted leave to amend the statement of claim

Ratio Decidendi

The pleadings as amended are capable of conveying each of the imputations (a)-(d); leave granted to amend; costs ordered.

Court Disposition

Leave granted to amend statement of claim; matter to proceed; costs awarded.

Orders

  • Leave granted to plaintiff to amend paragraphs 3(b) and 5 of the statement of claim by inserting in imputations (b) and (d) the word 'wrongful' before 'sexual'.
  • Imputation (a) is capable of being conveyed.