Whitehall v Oxborough [2020] NSWDC 781

Whitehall v Oxborough [2020] NSWDC 781

The particulars of justification and contextual truth pleaded by the defendant are insufficient because they rely on the defendant's belief rather than factual evidence, contrary to the requirements for these defences under the Defamation Act 2005 and the authorities; consequently, those paragraphs must be struck out with leave to replead.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Civil / Interlocutory Application—ruling on Strike Out of Parts of Defence
Outcome
Partial strike out of defences with leave to replead; costs reserved
Legal Topics
['strike Out Application' 'defences—justification and Contextual Truth' 'pleading Requirements']
['tort' 'defamation'] ['strike Out Application' 'defences—justification and Contextual Truth' 'pleading Requirements']

Case Brief

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Procedural Posture

Civil / Interlocutory Application—ruling on Strike Out of Parts of Defence

Legal Issues

  1. 1 ['Whether the particulars of justification and contextual truth in the Defence are sufficient to constitute an arguable defence under the Defamation Act 2005' 'Whether pleading belief, rather than fact, can support a defence of justification or contextual truth under the Act']

Ratio Decidendi

The particulars of justification and contextual truth pleaded by the defendant are insufficient because they rely on the defendant's belief rather than factual evidence, contrary to the requirements for these defences under the Defamation Act 2005 and the authorities; consequently, those paragraphs must be struck out with leave to replead.

Court Disposition

Partial strike out of defences with leave to replead; costs reserved

Orders

  • ['Grant leave to file the amended Defence, save for the defences of justification and contextual truth at paragraphs 15, 16 and 17, which are struck out with leave to replead by 17 December 2020.' 'The issues of costs are reserved.']