Graham v Powell [2013] NSWSC 1266

The proceedings were not an abuse of process and the defences of absolute privilege and truth were not so plainly available as to warrant summary dismissal; the defence as pleaded was inadequate and should be struck out with leave to replead.

Jurisdiction: Australia
Judgment Date: 02 September 2013
Procedural Posture: Defamation / Interlocutory Application
Outcome: Defendant's application dismissed; defence struck out with leave to replead
Legal Topics: ['abuse of Process' 'absolute Privilege' 'truth Defence' 'icac Referral' 'summary Dismissal' 'pleading Standards']

['defamation'] ['abuse of Process' 'absolute Privilege' 'truth Defence' 'icac Referral' 'summary Dismissal' 'pleading Standards']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Defamation / Interlocutory Application

Legal Issues

1 ['Whether proceedings are an abuse of process due to parallel ICAC referral' 'Whether the defence of absolute privilege warrants summary dismissal' 'Whether the absolute privilege defence is adequately pleaded' 'Whether the truth defence is adequately pleaded']

Ratio Decidendi

Court Disposition

Defendant's application dismissed; defence struck out with leave to replead

Orders

["Defendant's application to have the proceedings dismissed, struck out or stayed be dismissed." 'Defence be struck out with leave to replead.' 'Defendant to file and serve any amended defence within 28 days.' "Defendant to pay the plaintiff's costs of today." 'Any further application by the defendant for leave to...