Breen v Nationwide News Pty Ltd & Ors (No. 2) [2007] NSWDC 233

Breen v Nationwide News Pty Ltd & Ors (No. 2) [2007] NSWDC 233

The publications contained sufficient textual material for an ordinary reasonable reader to infer that the plaintiff's asserted love for two notorious convicted killers could involve a perverse sexual attraction, making the proposed amended imputations matters fit for jury determination; leave to amend was therefore granted. The Slip Rule application was dismissed because the defendants sought, in substance, to revisit a discretionary costs order rather than correct a slip or error capable of correction under the rule.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Civil Defamation Proceedings / Interlocutory Applications for Leave to Amend Imputations and for Correction Under the Slip Rule
Outcome
Plaintiff granted leave to amend; defendants' Slip Rule application dismissed; costs ordered.
Legal Topics
['defamatory Imputations' 'capacity' 'amendment of Statement of Claim' 'slip Rule' 'costs Discretion']
['tort' 'defamation' 'civil Procedure' 'costs'] ['defamatory Imputations' 'capacity' 'amendment of Statement of Claim' 'slip Rule' 'costs Discretion']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Interlocutory Applications for Leave to Amend Imputations and for Correction Under the Slip Rule

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to amend three imputations in the statement of claim by inserting the word "sexual" before imputations 4(b), 6(b) and 9(b).' 'Whether the matters complained of were capable of conveying imputations involving a perverse sexual attraction rather than romantic love.' 'Whether order 2 of the judgment of 4 October 2007 should be corrected under the Slip Rule in relation to costs.' 'Whether the earlier costs order should be revisited or re-exercised.']

Ratio Decidendi

The publications contained sufficient textual material for an ordinary reasonable reader to infer that the plaintiff's asserted love for two notorious convicted killers could involve a perverse sexual attraction, making the proposed amended imputations matters fit for jury determination; leave to amend was therefore granted. The Slip Rule application was dismissed because the defendants sought, in substance, to revisit a discretionary costs order rather than correct a slip or error capable of correction under the rule.

Court Disposition

Plaintiff granted leave to amend; defendants' Slip Rule application dismissed; costs ordered.

Orders

  • ['Grant the plaintiff leave to file and serve a further amended statement of claim.' 'The plaintiff pay the costs thrown away by reason of the amendment to the statement of claim.' "Defendant's application under the Slip Rule in relation to order 2 of the judgment of 4 October 2007 is dismissed." "The defendant is...