Kermode v John Fairfax Publications [2000] NSWSC 124

Kermode v John Fairfax Publications [2000] NSWSC 124

There has been no material change in circumstances since the earlier interlocutory order allowing the imputations to proceed, and in the absence of such a change, the court will not revisit and overturn the earlier decision.

Parties
Plaintiff: Reginald Kermode; Defendant: John Fairfax Publications Pty Limited
Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Defamation / Interlocutory Application to Strike Out/imputations
Outcome
Application dismissed
Legal Topics
Imputations, Pleadings, Strike Out Application, Finality of Interlocutory Orders
Defamation Civil Procedure Imputations Pleadings Strike Out Application Finality of Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Reginald Kermode

Plaintiff

John Fairfax Publications Pty Limited

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out/imputations

Legal Issues

  1. 1 Whether the defendant's application to strike out certain imputations from the statement of claim should be allowed
  2. 2 Whether there was a material change in circumstances justifying revisiting an earlier interlocutory decision allowing the same imputations to proceed

Ratio Decidendi

There has been no material change in circumstances since the earlier interlocutory order allowing the imputations to proceed, and in the absence of such a change, the court will not revisit and overturn the earlier decision.

Court Disposition

Application dismissed

Orders

  • The defendant's application is dismissed.
  • The defendant is ordered to pay the plaintiff's costs of the application.