NHB Enterprises Pty Ltd v Sydney Magazine Publishers Pty Ltd [2013] NSWSC 1163

NHB Enterprises Pty Ltd v Sydney Magazine Publishers Pty Ltd [2013] NSWSC 1163

The amended statement of claim, both in respect of the defamation and injurious falsehood claims, fails to comply with the requirements of precision and clarity in pleading imputations and allegations of falsehood. None of the pleaded imputations sufficiently identify a defamatory sting, nor does the injurious falsehood claim identify false statements as required by law. Consequently, the amended statement of claim must be struck out, with leave to re-plead in accordance with the court's reasons.

Parties
Plaintiff: NHB Enterprises Pty Ltd t/as Bova Compounding; Second Plaintiff: N Bova; First Defendant: Sydney Magazine Publishers Pty Ltd; Second Defendant: Luke Martin; Third Defendant: Finola McConaghy
Jurisdiction
Australia
Judgment Date
08 August 2013
Procedural Posture
Interlocutory Applications / Application to Strike Out Pleadings
Outcome
Amended statement of claim struck out with leave to re-plead
Legal Topics
Imputations, Pleading Requirements, Injurious Falsehood, Defamatory Sting, Precision in Pleading
Defamation Torts Imputations Pleading Requirements Injurious Falsehood Defamatory Sting Precision in Pleading

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Parties

NHB Enterprises Pty Ltd t/as Bova Compounding

Plaintiff

N Bova

Second Plaintiff

Sydney Magazine Publishers Pty Ltd

First Defendant

Luke Martin

Second Defendant

Finola McConaghy

Third Defendant

Procedural Posture

Interlocutory Applications / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether the form of the plaintiff's pleaded imputations in the defamation claim is sufficient and legally effective
  2. 2 Whether the amended statement of claim for injurious falsehood adequately identifies alleged false statements

Ratio Decidendi

The amended statement of claim, both in respect of the defamation and injurious falsehood claims, fails to comply with the requirements of precision and clarity in pleading imputations and allegations of falsehood. None of the pleaded imputations sufficiently identify a defamatory sting, nor does the injurious falsehood claim identify false statements as required by law. Consequently, the amended statement of claim must be struck out, with leave to re-plead in accordance with the court's reasons.

Court Disposition

Amended statement of claim struck out with leave to re-plead

Orders

  • Amended statement of claim struck out with leave to re-plead in accordance with the reasons.