Pahuja v TCN Channel Nine Pty Limited [2015] NSWSC 1664

Pahuja v TCN Channel Nine Pty Limited [2015] NSWSC 1664

Leave to amend was granted because the solicitor's affidavit supported the amendment under ordinary amendment principles and the defendants did not oppose it, subject to their stated position concerning s 26. Imputation (e) was ambiguous because 'slaves' could mean literal slavery or a less literal but serious form of indentured servitude, so the plaintiff was granted leave to replead that imputation notwithstanding that the objection should have been raised at the first listing.

Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Defamation / Second Listing; Applications Concerning Amendment of the Statement of Claim and Ambiguity of an Imputation
Outcome
Grant leave to amend the statement of claim.
Legal Topics
['pleadings' 'imputations' 'contextual Truth' 'amendment of Statement of Claim' 'ambiguity']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'contextual Truth' 'amendment of Statement of Claim' 'ambiguity']

Case Brief

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Procedural Posture

Defamation / Second Listing; Applications Concerning Amendment of the Statement of Claim and Ambiguity of an Imputation

Legal Issues

  1. 1 ["Whether the plaintiff should have leave to amend the statement of claim to include the defendants' contextual imputations as imputations relied upon by the plaintiff." 'Whether imputation (e), that the plaintiff is knowingly involved in an immigration scam which results in visa applicants becoming slaves, was ambiguous and should be repleaded.' 'Whether the defendants were precluded from challenging imputation (e) because the objection was not taken at the first listing.']

Ratio Decidendi

Leave to amend was granted because the solicitor's affidavit supported the amendment under ordinary amendment principles and the defendants did not oppose it, subject to their stated position concerning s 26. Imputation (e) was ambiguous because 'slaves' could mean literal slavery or a less literal but serious form of indentured servitude, so the plaintiff was granted leave to replead that imputation notwithstanding that the objection should have been raised at the first listing.

Court Disposition

Grant leave to amend the statement of claim.

Orders

  • ["The plaintiff has leave to amend in accordance with the amended statement of claim annexed at p 23 of Mr Newhouse's affidavit, subject to determination of the second application." 'Leave is granted to amend so as to replead imputation (e).' 'The Court will not entertain any further challenge to the new imputations...