Graham v Powell (No 3) [2014] NSWSC 185

Graham v Powell (No 3) [2014] NSWSC 185

Default judgment was warranted because the defendant's defence had been struck out, no further amended defence was filed, there was no basis to apprehend any issue as to publication by the defendant or identification of the plaintiff, and a review of the matters complained of showed that the pleaded imputations were clearly made out, except that the amount in paragraph 14(a) should be $60,000 rather than $56,000.

Jurisdiction
Australia
Judgment Date
03 March 2014
Procedural Posture
Defamation / Interlocutory Application for Default Judgment After Defence Struck Out
Outcome
Default judgment entered for the plaintiff against the defendant for damages to be assessed, with further hearing to determine damages and any injunctive or other relief.
Legal Topics
['default Judgment' 'imputations' 'assessment of Damages' 'injunctive Relief']
['defamation' 'civil Procedure'] ['default Judgment' 'imputations' 'assessment of Damages' 'injunctive Relief']

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Procedural Posture

Defamation / Interlocutory Application for Default Judgment After Defence Struck Out

Legal Issues

  1. 1 ["Whether default judgment should be entered for the plaintiff under Uniform Civil Procedure Rules 2005 r 16.7 after the defendant's defence was struck out and no further defence was filed." 'Whether the pleaded imputations were sufficiently supported by the matters complained of for default judgment to proceed.' 'Whether further relief, including damages and injunctive relief, should be determined at a later hearing.']

Ratio Decidendi

Default judgment was warranted because the defendant's defence had been struck out, no further amended defence was filed, there was no basis to apprehend any issue as to publication by the defendant or identification of the plaintiff, and a review of the matters complained of showed that the pleaded imputations were clearly made out, except that the amount in paragraph 14(a) should be $60,000 rather than $56,000.

Court Disposition

Default judgment entered for the plaintiff against the defendant for damages to be assessed, with further hearing to determine damages and any injunctive or other relief.

Orders

  • ['Pursuant to Uniform Civil Procedure Rules 2005 r 16.7, there be judgment for the plaintiff against the defendant for damages, to be assessed on the basis that the imputations as pleaded have been established, save for the substitution of the figure "$60,000" for the figure "$56,000" in paragraph 14(a) of the...