Fierravanti-Wells v Nationwide News Pty Ltd [2011] NSWSC 1338

Fierravanti-Wells v Nationwide News Pty Ltd [2011] NSWSC 1338

Leave to amend was refused because the defendants sought, two weeks before a listed jury trial, to plead truth and contextual truth based on material available to them well before March 2011. The amendments would prejudice the plaintiff by potentially requiring further evidence about the Italy trip and report and would require vacation of the trial dates. Costs were not an adequate remedy for that prejudice, and the application was made too late having regard to the Civil Procedure Act 2005 and Aon.

Jurisdiction
Australia
Judgment Date
25 October 2011
Procedural Posture
Defamation Proceedings / Defendants' Notices of Motion for Leave to Amend the Substantive Defence to Plead Truth and Contextual Truth
Outcome
The motions were dismissed.
Legal Topics
['applications to Amend Pleadings' 'case Management' 'truth and Contextual Truth Defences' 'qualified Privilege' 'honest Opinion' 'prejudice Caused by Late Amendment']
['civil Procedure' 'defamation'] ['applications to Amend Pleadings' 'case Management' 'truth and Contextual Truth Defences' 'qualified Privilege' 'honest Opinion' 'prejudice Caused by Late Amendment']

Case Brief

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Procedural Posture

Defamation Proceedings / Defendants' Notices of Motion for Leave to Amend the Substantive Defence to Plead Truth and Contextual Truth

Legal Issues

  1. 1 ['Whether the defendants should be granted leave to amend the substantive defence to plead truth and contextual truth.' 'Whether the proposed late amendments would prejudice the plaintiff in a way not adequately compensable by costs.' 'Whether the amendments were consistent with the just, quick and cheap resolution of the real issues in the proceedings under the Civil Procedure Act 2005.']

Ratio Decidendi

Leave to amend was refused because the defendants sought, two weeks before a listed jury trial, to plead truth and contextual truth based on material available to them well before March 2011. The amendments would prejudice the plaintiff by potentially requiring further evidence about the Italy trip and report and would require vacation of the trial dates. Costs were not an adequate remedy for that prejudice, and the application was made too late having regard to the Civil Procedure Act 2005 and Aon.

Court Disposition

The motions were dismissed.

Orders

  • ['The motions are dismissed.' "The costs of the motion are the plaintiff's costs in the cause." 'The Court directs that the plaintiff serve answers to the interrogatories administered on 25 May 2011 on or before 28 October 2011.' 'The Court also directs that by 26 October 2011 the plaintiff make all discovered...