Robert Hughes v. Seven Network Ltd and Another [2000] NSWSC 499

Robert Hughes v. Seven Network Ltd and Another [2000] NSWSC 499

Leave was granted to the defendants to amend their defence to plead justification and contextual justification because the interests of justice required the real issues between the parties to be determined and the prejudice to the plaintiff did not outweigh the defendants' entitlement to raise an arguable defence, particularly in light of the plaintiff's inadequate discovery. The plaintiff's claims for $1000 per week economic loss and for psychiatric disability were struck out due to lack of particularisation and supporting evidence. Certain imputations were struck out or leave was given to replead where duplicative or lacking precision; only those properly particularised would go to the...

Jurisdiction
Australia
Judgment Date
07 June 2000
Procedural Posture
Civil / Interlocutory Application Regarding Pleadings and Discovery in Defamation Proceedings
Outcome
Orders made on interlocutory applications affecting pleadings and discovery; leave partly granted, some claims struck out, some imputations struck out or permitted to be repleaded.
Legal Topics
['imputations' 'amendment of Pleadings' 'justification Defence' 'contextual Justification' 'particularisation of Damages' 'discovery' 'striking Out Claims']
['defamation'] ['imputations' 'amendment of Pleadings' 'justification Defence' 'contextual Justification' 'particularisation of Damages' 'discovery' 'striking Out Claims']

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Procedural Posture

Civil / Interlocutory Application Regarding Pleadings and Discovery in Defamation Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted to defendants to amend their defence to plead justification and contextual justification' "Whether the plaintiff's claim for $1000 per week in economic loss should be struck out for lack of particularisation" "Whether the plaintiff's claim for damages for psychiatric disability should be struck out" 'Whether certain imputations pleaded by the plaintiff should be struck out or repleaded']

Ratio Decidendi

Leave was granted to the defendants to amend their defence to plead justification and contextual justification because the interests of justice required the real issues between the parties to be determined and the prejudice to the plaintiff did not outweigh the defendants' entitlement to raise an arguable defence, particularly in light of the plaintiff's inadequate discovery. The plaintiff's claims for $1000 per week economic loss and for psychiatric disability were struck out due to lack of particularisation and supporting evidence. Certain imputations were struck out or leave was given to replead where duplicative or lacking precision; only those properly particularised would go to the...

Court Disposition

Orders made on interlocutory applications affecting pleadings and discovery; leave partly granted, some claims struck out, some imputations struck out or permitted to be repleaded.

Orders

  • ["The plaintiff is to provide discovery of all documents in support of his claim for economic loss including but not limited to all income tax returns (both personal and in relation to the plaintiff's business or businesses and any other source of income the plaintiff had), bank account statements, wage slips,...