Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20

Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20

The amendments sought to plead new causes of action in defamation concerning publications and interviews that were either outside the limitation period or did not arise from the same or substantially the same facts as the causes of action originally pleaded, and therefore must be struck out or refused; amendments could not take effect as at the commencement of proceedings under s 65(3) of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
03 February 2014
Procedural Posture
Interlocutory Application / Decision on Notices of Motion to Amend Pleadings and to Strike Out Paragraphs of Statement of Claim
Outcome
Plaintiff's notice of motion to amend dismissed; paragraphs 4-25 of the Amended Statement of Claim struck out; plaintiff to pay defendants' costs; plaintiff given directions for possible further amendment with leave.
Legal Topics
['defamation' 'limitation Period' 'amendment of Pleadings' 'striking Out Pleadings']
['tort'] ['defamation' 'limitation Period' 'amendment of Pleadings' 'striking Out Pleadings']

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Procedural Posture

Interlocutory Application / Decision on Notices of Motion to Amend Pleadings and to Strike Out Paragraphs of Statement of Claim

Legal Issues

  1. 1 ['Whether new causes of action in defamation are statute-barred due to limitation period' 'Whether proposed amendments arise from the same or substantially the same facts as existing causes of action under s 65(2)(c) Civil Procedure Act 2005 (NSW)' 'Whether pleadings involving interviews prior to publication can be maintained']

Ratio Decidendi

The amendments sought to plead new causes of action in defamation concerning publications and interviews that were either outside the limitation period or did not arise from the same or substantially the same facts as the causes of action originally pleaded, and therefore must be struck out or refused; amendments could not take effect as at the commencement of proceedings under s 65(3) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Plaintiff's notice of motion to amend dismissed; paragraphs 4-25 of the Amended Statement of Claim struck out; plaintiff to pay defendants' costs; plaintiff given directions for possible further amendment with leave.

Orders

  • ["Plaintiff's notice of motion filed 19 December 2013 dismissed." 'Paragraphs 4 to 25 of the Amended Statement of Claim filed 3 December 2013 struck out.' 'Plaintiff to serve any proposed Amended Statement of Claim on or before 10 February 2014.' 'Plaintiff to file any notice of motion seeking leave to file any...