Alfaro & Ors v O'Brien & Ors [2006] NSWSC 938

Alfaro & Ors v O'Brien & Ors [2006] NSWSC 938

The statement of claim was struck out because it failed to disclose any reasonable cause of action, was incapable of supporting the pleaded imputations, lacked necessary particulars, and was an abuse of process. Relief sought was inappropriate and no tenable defamation claim was disclosed.

Parties
Plaintiff: Pedro Alfaro; Plaintiff: Silvia Gladys Alfaro; Plaintiff: Diana Alfaro; Plaintiff: Richard Alfaro; Defendant: Charles O'Brien; Defendant: Bridget Brooker; Defendant: Rana Beyrouti; Defendant: Kerrie Kerr; Defendant: Jane Booker; Defendant: NSW Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
14 September 2006
Procedural Posture
Civil / Application to Strike Out Statement of Claim
Outcome
statement of claim struck out; plaintiffs to pay the defendants' costs
Legal Topics
Striking Out Pleadings, Reasonable Cause of Action, Frivolous or Vexatious Proceedings
Defamation Civil Procedure Striking Out Pleadings Reasonable Cause of Action Frivolous or Vexatious Proceedings

Case Brief

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Parties

Pedro Alfaro

Plaintiff

Silvia Gladys Alfaro

Plaintiff

Diana Alfaro

Plaintiff

Richard Alfaro

Plaintiff

Charles O'Brien

Defendant

Bridget Brooker

Defendant

Rana Beyrouti

Defendant

Kerrie Kerr

Defendant

Jane Booker

Defendant

NSW Land and Housing Corporation

Defendant

Procedural Posture

Civil / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim discloses any reasonable cause of action in defamation
  2. 2 Whether publications pleaded were capable of conveying the alleged imputations
  3. 3 Whether the relief sought was appropriate on the pleaded facts

Ratio Decidendi

The statement of claim was struck out because it failed to disclose any reasonable cause of action, was incapable of supporting the pleaded imputations, lacked necessary particulars, and was an abuse of process. Relief sought was inappropriate and no tenable defamation claim was disclosed.

Court Disposition

statement of claim struck out; plaintiffs to pay the defendants' costs

Orders

  • Statement of claim struck out
  • Plaintiffs to pay the defendants' costs of the proceedings