Hanshaw v Channel 7 Network Australia [2014] NSWSC 178

Hanshaw v Channel 7 Network Australia [2014] NSWSC 178

The Amended Statement of Claim was hopeless and had to be struck out because it failed to comply with the Uniform Civil Procedure Rules, including by not identifying or annexing the matters complained of and not identifying any imputations. The Court did not dismiss the proceedings as a whole because the notice of motion, strictly read, did not seek that relief and because fairness required that the unrepresented first plaintiff be given one opportunity to put her pleading in order.

Jurisdiction
Australia
Judgment Date
03 March 2014
Procedural Posture
Defamation Proceedings / Interlocutory Application by Notice of Motion to Dismiss the Second Plaintiff's Claim and Strike Out the Amended Statement of Claim
Outcome
Amended Statement of Claim struck out; proceedings not dismissed; plaintiff given time to file and serve any further Amended Statement of Claim; costs ordered against the first plaintiff.
Legal Topics
['striking Out Pleadings' 'summary Dismissal' 'minor Plaintiff and Tutor' 'defamation Pleading Requirements']
['defamation' 'civil Procedure'] ['striking Out Pleadings' 'summary Dismissal' 'minor Plaintiff and Tutor' 'defamation Pleading Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Defamation Proceedings / Interlocutory Application by Notice of Motion to Dismiss the Second Plaintiff's Claim and Strike Out the Amended Statement of Claim

Legal Issues

  1. 1 ["Whether the second plaintiff's claim should be dismissed pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1), because she was a minor and no tutor was identified." 'Whether the Amended Statement of Claim should be struck out pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 14.28.' 'Whether the entire proceedings should be dismissed or the first plaintiff should be given an opportunity to file a proper pleading.']

Ratio Decidendi

The Amended Statement of Claim was hopeless and had to be struck out because it failed to comply with the Uniform Civil Procedure Rules, including by not identifying or annexing the matters complained of and not identifying any imputations. The Court did not dismiss the proceedings as a whole because the notice of motion, strictly read, did not seek that relief and because fairness required that the unrepresented first plaintiff be given one opportunity to put her pleading in order.

Court Disposition

Amended Statement of Claim struck out; proceedings not dismissed; plaintiff given time to file and serve any further Amended Statement of Claim; costs ordered against the first plaintiff.

Orders

  • ['The Amended Statement of Claim be struck out.' 'Any further Amended Statement of Claim be filed and served by 4 April 2014.' 'The proceedings be stood over to the defamation list on 5 May 2014.' 'Any notice of motion by the defendant seeking to dismiss the proceedings be filed and served by 25 April 2014 and be...