Munsie v Dowling [2015] NSWSC 789

Munsie v Dowling [2015] NSWSC 789

The proposed new defamatory imputations concerning Mr Kerry Stokes and Mr Ryan Stokes were capable of founding the pleaded defamation case and were not frivolous or vexatious; the defendant did not make good his allegation of abuse of process or ulterior purpose; the recent timing of the additional matters and short delay did not justify refusal; and reliance on the solicitor's affidavit on information and belief was routine for an interlocutory application. The Court therefore granted joinder and leave to amend.

Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Civil Procedure Ruling in Defamation Proceedings / Interlocutory Notice of Motion for Joinder and Leave to Amend Statement of Claim
Outcome
Application granted; Ryan Stokes joined as third plaintiff and leave granted to file the second further amended statement of claim.
Legal Topics
['joinder of Parties' 'amendment of Pleadings' 'statement of Claim' 'abuse of Process' 'interlocutory Evidence']
['civil Procedure' 'defamation' 'evidence'] ['joinder of Parties' 'amendment of Pleadings' 'statement of Claim' 'abuse of Process' 'interlocutory Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure Ruling in Defamation Proceedings / Interlocutory Notice of Motion for Joinder and Leave to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether Mr Ryan Stokes should be joined to the proceedings as a third plaintiff under r 6.24 Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiffs should be granted leave to file the second further amended statement of claim.' 'Whether the proposed joinder and amendment were an abuse of process, delaying tactic, or made for an ulterior purpose.' "Whether delay or the use of a solicitor's affidavit provided a reason to refuse the interlocutory relief."]

Ratio Decidendi

The proposed new defamatory imputations concerning Mr Kerry Stokes and Mr Ryan Stokes were capable of founding the pleaded defamation case and were not frivolous or vexatious; the defendant did not make good his allegation of abuse of process or ulterior purpose; the recent timing of the additional matters and short delay did not justify refusal; and reliance on the solicitor's affidavit on information and belief was routine for an interlocutory application. The Court therefore granted joinder and leave to amend.

Court Disposition

Application granted; Ryan Stokes joined as third plaintiff and leave granted to file the second further amended statement of claim.

Orders

  • ['Under r 6.24 Uniform Civil Procedure Rules, Ryan Stokes is joined to these proceedings as the third plaintiff.' 'Grant leave to the plaintiffs to file the second further amended statement of claim in the form attached to the affidavit of Richard Michael Keegan, sworn on 12 June 2015 and marked with a letter A.'...