Dank v Nine Network Australia Pty Limited [2014] NSWSC 1938

Dank v Nine Network Australia Pty Limited [2014] NSWSC 1938

The particulars provided do not demonstrate anything further to substantiate a claim against Mr Rothfield as joint publisher, as required by the authorities; therefore, the claim against him cannot be sustained.

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Defamation / Application to Strike Out Pleading Against Fourth Defendant
Outcome
The pleading against the fourth defendant is struck out without liberty to re-plead. The claim against the fourth defendant is dismissed. The plaintiff is to pay the fourth defendant's costs.
Legal Topics
['publication' 'joint Publisher Liability' 'adequacy of Pleading' 'control and Assent to Publication']
['defamation'] ['publication' 'joint Publisher Liability' 'adequacy of Pleading' 'control and Assent to Publication']

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 / Application to Strike Out Pleading Against Fourth Defendant

Legal Issues

  1. 1 ['Whether particulars in the Further Amended Statement of Claim establish liability of the fourth defendant, Mr Rothfield, as a publisher of the television programme under the Webb v Bloch principles']

Ratio Decidendi

The particulars provided do not demonstrate anything further to substantiate a claim against Mr Rothfield as joint publisher, as required by the authorities; therefore, the claim against him cannot be sustained.

Court Disposition

The pleading against the fourth defendant is struck out without liberty to re-plead. The claim against the fourth defendant is dismissed. The plaintiff is to pay the fourth defendant's costs.

Orders

  • ['The pleading as against the fourth defendant is struck out without liberty to re-plead.' 'The claim as against the fourth defendant is dismissed.' "The plaintiff is to pay the fourth defendant's costs of the proceedings."]