Metcash Trading Limited (ACN 000 031 569) v Bunn [2007] FCA 2038

The respondent's pleas of truth, fair comment and qualified privilege in paragraph 46.1(d) were inadequately particularised and legally insufficient, warranting that the paragraph be struck out.

Jurisdiction: Australia
Judgment Date: 17 December 2007
Procedural Posture: Application to Strike Out Part of Defence / Interlocutory
Outcome: Paragraph 46.1(d) of the respondent's amended defence struck out. Respondent to pay applicants' costs of oral strike-out application.
Legal Topics: ['pleading Requirements' 'truth (justification) Defence' 'fair Comment Defence' 'qualified Privilege Defence']

['defamation'] ['pleading Requirements' 'truth (justification) Defence' 'fair Comment Defence' 'qualified Privilege Defence']

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Procedural Posture

Application to Strike Out Part of Defence / Interlocutory

Legal Issues

1 ["Whether paragraph 46.1(d) of the respondent's amended defence should be struck out for lack of proper particularity in the defences of truth, fair comment, and qualified privilege"]

Ratio Decidendi

The respondent's pleas of truth, fair comment and qualified privilege in paragraph 46.1(d) were inadequately particularised and legally insufficient, warranting that the paragraph be struck out.

Court Disposition

Paragraph 46.1(d) of the respondent's amended defence struck out. Respondent to pay applicants' costs of oral strike-out application.

Orders

["Paragraph 46.1(d) of the respondent's amended defence filed on 5 November 2007 be struck out." "The respondent pay the applicants' costs of the applicants' oral strike-out application."]