Neville Mahon v Mach 1 Financial Services Pty Ltd [2012] NSWSC 651

Neville Mahon v Mach 1 Financial Services Pty Ltd [2012] NSWSC 651

The statement of claim is not liable to be struck out solely for lack of pleaded actual damage, but plaintiff must provide particulars identifying the business or proprietary interests probably harmed; application to strike out dismissed.

Jurisdiction
Australia
Judgment Date
15 June 2012
Procedural Posture
Interlocutory Application / Application to Strike Out Part of Statement of Claim
Outcome
Application to strike out dismissed; plaintiff directed to provide particulars; motion stood over.
Legal Topics
['injurious Falsehood' 'pleadings' 'interlocutory Injunction' 'final Injunction' 'particularisation of Damage']
['tort Law'] ['injurious Falsehood' 'pleadings' 'interlocutory Injunction' 'final Injunction' 'particularisation of Damage']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Strike Out Part of Statement of Claim

Legal Issues

  1. 1 ['Whether pleading of injurious falsehood should be struck out for want of actual damage' 'Whether a final injunction may be granted in the absence of pleaded actual loss' "Whether further particulars of plaintiff's business interests are required" 'Whether the claim is truly one of injurious falsehood, or disguised defamation']

Ratio Decidendi

The statement of claim is not liable to be struck out solely for lack of pleaded actual damage, but plaintiff must provide particulars identifying the business or proprietary interests probably harmed; application to strike out dismissed.

Court Disposition

Application to strike out dismissed; plaintiff directed to provide particulars; motion stood over.

Orders

  • ['Plaintiff directed to provide particulars of facts, matters and circumstances to establish probable actual damage to business or proprietary interests from continued publication.' 'Defendants’ notice of motion stood over to a date after provision of particulars.']