Metcash Trading Limited v Bunn (No 4) [2008] FCA 1607

Metcash Trading Limited v Bunn (No 4) [2008] FCA 1607

Respondent is entitled to further and better particulars where the claims involve multiple publications and pleaded imputations; applicants must identify specific parts of publications relied upon for the imputations and provide particulars as to trading reputation injury, constructive knowledge, dates, media, recipients, and content of alleged defamatory statements for certain paragraphs in their statement of claim.

Parties
First Applicant: Metcash Trading Limited; Second Applicant: IGA Distribution Pty Ltd; Third Applicant: Australian Liquor Marketers Pty Ltd; Respondent: Peter Chadley Bunn
Jurisdiction
Australia
Judgment Date
29 October 2008
Procedural Posture
Interlocutory Application for Further and Better Particulars / Ruling on Notice of Motion for Particulars
Outcome
Notice of motion disposed; respondents' application for certain particulars granted in part and dismissed in part.
Legal Topics
Pleadings, Particulars, True Innuendo, Defamatory Imputations, Aggravated Damages, Confidentiality, Trademark Infringement, Trade Practices Contravention
Practice and Procedure Defamation Intellectual Property Pleadings Particulars True Innuendo Defamatory Imputations Aggravated Damages +3 more

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Parties

Metcash Trading Limited

First Applicant

IGA Distribution Pty Ltd

Second Applicant

Australian Liquor Marketers Pty Ltd

Third Applicant

Peter Chadley Bunn

Respondent

Procedural Posture

Interlocutory Application for Further and Better Particulars / Ruling on Notice of Motion for Particulars

Legal Issues

  1. 1 Whether applicants are obliged to provide further and better particulars as sought by the respondent
  2. 2 What particulars must be provided to support claims including defamation, injury to trading reputation, aggravated damages, and breach of statutory obligations

Ratio Decidendi

Respondent is entitled to further and better particulars where the claims involve multiple publications and pleaded imputations; applicants must identify specific parts of publications relied upon for the imputations and provide particulars as to trading reputation injury, constructive knowledge, dates, media, recipients, and content of alleged defamatory statements for certain paragraphs in their statement of claim.

Court Disposition

Notice of motion disposed; respondents' application for certain particulars granted in part and dismissed in part.

Orders

  • Paragraphs 1.4, 1.7 and 1.22 of the respondent's notice of motion filed 6 March 2007 dismissed.
  • Applicants to provide further and better particulars within 21 days in relation to plea in paragraphs 46.1, 46.1(b)(ii), 48, 49.1.1, 49.1.3.3, and 60 of the second amended statement of claim as described in reasons for judgment.