Bailey v WIN Television NSW Pty Ltd [2018] NSWSC 792

Bailey v WIN Television NSW Pty Ltd [2018] NSWSC 792

The plaintiff requires leave under s 65(2)(c) of the Civil Procedure Act 2005 (NSW) to amend the statement of claim because the proposed cause of action based on the quoted words was not clearly pleaded as a discrete matter and is out of time.

Parties
Plaintiff: Roger Bailey; First Defendant: WIN Television NSW Pty Ltd; Second Defendant: WIN Corporation Pty Ltd; Third Defendant: Maree Statham
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Defamation / Interlocutory Application for Leave to Amend Statement of Claim
Outcome
Leave granted to amend the statement of claim; plaintiff to pay defendants' costs thrown away, including today's hearing costs.
Legal Topics
Pleadings, Amendment, Leave to Amend, Out of Time Claims
Defamation Civil Procedure Pleadings Amendment Leave to Amend Out of Time Claims

Case Brief

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Parties

Roger Bailey

Plaintiff

WIN Television NSW Pty Ltd

First Defendant

WIN Corporation Pty Ltd

Second Defendant

Maree Statham

Third Defendant

Procedural Posture

Defamation / Interlocutory Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 whether proposed amended pleading requires leave under s 65(2)(c) of the Civil Procedure Act 2005 (NSW)
  2. 2 whether the cause of action based on the quoted words was pleaded as a discrete matter

Ratio Decidendi

The plaintiff requires leave under s 65(2)(c) of the Civil Procedure Act 2005 (NSW) to amend the statement of claim because the proposed cause of action based on the quoted words was not clearly pleaded as a discrete matter and is out of time.

Court Disposition

Leave granted to amend the statement of claim; plaintiff to pay defendants' costs thrown away, including today's hearing costs.

Orders

  • Plaintiff granted leave to amend the statement of claim.
  • Plaintiff to pay defendants' costs thrown away, including the costs of preparing for and attending today's hearing.