Rose v Allen & Unwin Pty Limited [2015] NSWSC 991

Rose v Allen & Unwin Pty Limited [2015] NSWSC 991

Paragraph 6.2 of the defence impermissibly pleads plaintiff's own imputations as contextual imputations, contrary to binding authority, and must be struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Defamation Action / Interlocutory Application to Strike Out Part of Defence
Outcome
Application granted; paragraph 6.2 of defence struck out.
Legal Topics
['pleadings' 'defences' 'contextual Truth' 'uniform Civil Procedure Rules']
['defamation' 'civil Procedure'] ['pleadings' 'defences' 'contextual Truth' 'uniform Civil Procedure Rules']

Case Brief

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Procedural Posture

Defamation Action / Interlocutory Application to Strike Out Part of Defence

Legal Issues

  1. 1 ["Whether a defendant can plead back the plaintiff's imputations as contextual imputations under s 26 of the Defamation Act 2005 (NSW)" 'Whether para 6.2 of the defence discloses a valid defence of contextual truth']

Ratio Decidendi

Paragraph 6.2 of the defence impermissibly pleads plaintiff's own imputations as contextual imputations, contrary to binding authority, and must be struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Application granted; paragraph 6.2 of defence struck out.

Orders

  • ['Paragraph 6.2 of the defence to the amended statement of claim filed 21 November 2014 struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules.']