Michail v Mount Druitt & Area Community Legal Centre [2015] NSWDC 145

Michail v Mount Druitt & Area Community Legal Centre [2015] NSWDC 145

The defamation claim as currently pleaded is deficient, particularly in respect of publication and imputations, and the plaintiff is granted leave to replead with specific directions for amended pleadings; summary dismissal will not be considered until proper submissions are provided and the claim is sufficiently...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Civil / Directions Hearing
Outcome
Plaintiff granted leave to amend statement of claim; matter stood over for further directions.
Legal Topics
['pleading Requirements' 'defamation' 'breach of Contract' 'summary Dismissal' 'aggravated Damages' 'special Damages']
['tort' 'defamation' 'contract'] ['pleading Requirements' 'defamation' 'breach of Contract' 'summary Dismissal' 'aggravated Damages' 'special Damages']

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Procedural Posture

Civil / Directions Hearing

Legal Issues

  1. 1 ['Whether the statement of claim sufficiently pleads publication and imputations for defamation claims' 'Whether pleading errors warrant summary dismissal' 'Adequacy of particulars for damages']

Ratio Decidendi

The defamation claim as currently pleaded is deficient, particularly in respect of publication and imputations, and the plaintiff is granted leave to replead with specific directions for amended pleadings; summary dismissal will not be considered until proper submissions are provided and the claim is sufficiently pleaded.

Court Disposition

Plaintiff granted leave to amend statement of claim; matter stood over for further directions.

Orders

  • ['The plaintiff to file and serve a Second Further Amended Statement of Claim by 16 July 2015.' 'Matter stood over for further directions in the Defamation List on Thursday 30 July 2015 at 9:00am.']