Stephen Dank v Cronulla-Sutherland District Rugby League Football Club Ltd [2013] NSWSC 2054

Stephen Dank v Cronulla-Sutherland District Rugby League Football Club Ltd [2013] NSWSC 2054

The statement of claim sufficiently sets out the defamatory material published by the fourth defendant as a separate cause of action, and adequately states the facts and circumstances as to publication. The publication is not a republication but a fresh publication for which the fourth defendant is liable.

Parties
Plaintiff: Stephen Dank; First Defendant: Cronulla-Sutherland District Rugby League Football Club Ltd; Second Defendant: Nine Network Australia Pty Ltd; Third Defendant: Peter Overton; Fourth Defendant: Phil Rothfield; Fifth Defendant: Sarah Harris; Sixth Defendant: Damien Irvine
Jurisdiction
Australia
Judgment Date
01 July 2013
Procedural Posture
Interlocutory Application / Motion to Strike Out Statement of Claim
Outcome
Motion dismissed
Legal Topics
Publication, Statements by Defendant, Republication, Pleadings
Defamation Publication Statements by Defendant Republication Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Dank

Plaintiff

Cronulla-Sutherland District Rugby League Football Club Ltd

First Defendant

Nine Network Australia Pty Ltd

Second Defendant

Peter Overton

Third Defendant

Phil Rothfield

Fourth Defendant

Sarah Harris

Fifth Defendant

Damien Irvine

Sixth Defendant

Procedural Posture

Interlocutory Application / Motion to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether statement of claim should be struck out as against the fourth defendant
  2. 2 Whether the publication was a republication
  3. 3 Adequacy of particulars and pleading regarding defamatory publication

Ratio Decidendi

The statement of claim sufficiently sets out the defamatory material published by the fourth defendant as a separate cause of action, and adequately states the facts and circumstances as to publication. The publication is not a republication but a fresh publication for which the fourth defendant is liable.

Court Disposition

Motion dismissed

Orders

  • Motion be dismissed
  • The fourth defendant to pay the plaintiff's costs of and incidental to the motion