Mohareb v Fairfax Media Publications Pty Ltd (No 3) [2017] NSWSC 645

Mohareb v Fairfax Media Publications Pty Ltd (No 3) [2017] NSWSC 645

Leave to amend the statement of claim to plead a separate cause of action against the State for publication or republication of the article is refused, as the particulars do not establish sufficient participation or control by the Attorney as principal and the article does not preserve the sense and substance of the original email; it is not permissible to sue for part only of an article.

Parties
Plaintiff: Nader Mohareb; First Defendant: Fairfax Media Publications Pty Limited; Second Defendant: Louise Hall; Third Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Defamation / Application for Leave to File Amended Statement of Claim
Outcome
leave to file proposed amended statement of claim refused
Legal Topics
Publication, Republication, Liability for Republication, Amendment of Pleadings, Joint Tortfeasors, Vicarious Liability
Defamation Civil Procedure Publication Republication Liability for Republication Amendment of Pleadings Joint Tortfeasors Vicarious Liability

Case Brief

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Parties

Nader Mohareb

Plaintiff

Fairfax Media Publications Pty Limited

First Defendant

Louise Hall

Second Defendant

State of New South Wales

Third Defendant

Procedural Posture

Defamation / Application for Leave to File Amended Statement of Claim

Legal Issues

  1. 1 Whether the State of New South Wales may be pleaded as liable for publication of a newspaper article quoting the Attorney's email as a separate cause of action
  2. 2 Whether liability for republication extends to publication containing additional defamatory material beyond the original statement
  3. 3 Whether plaintiff may sue for part only of an article as separate cause of action against different defendants

Ratio Decidendi

Leave to amend the statement of claim to plead a separate cause of action against the State for publication or republication of the article is refused, as the particulars do not establish sufficient participation or control by the Attorney as principal and the article does not preserve the sense and substance of the original email; it is not permissible to sue for part only of an article.

Court Disposition

leave to file proposed amended statement of claim refused

Orders

  • leave to file an amended pleading in the terms of the proposed amended statement of claim or in the terms proposed by the plaintiff during argument is refused
  • leave is granted to the plaintiff to file an amended pleading in accordance with [9] of this judgment