Hatfield v TCN Channel Nine Pty Ltd (No 2) [2011] NSWSC 737

Hatfield v TCN Channel Nine Pty Ltd (No 2) [2011] NSWSC 737

The plaintiff's claim for special damages in respect of legal costs incurred in preliminary discovery proceedings prior to the allegedly defamatory publication is not so untenable as to warrant summary striking out under UCPR 14.28; the issue of whether these anticipatory costs are reasonable and recoverable mitigation should be determined on the evidence at trial.

Jurisdiction
Australia
Judgment Date
21 July 2011
Procedural Posture
Interlocutory Application / Notice of Motion to Strike Out Part of Statement of Claim Under UCPR 14.28
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['special Damages' 'mitigation of Damage' 'strike Out Application' 'costs as Damages']
['defamation' 'civil Procedure'] ['special Damages' 'mitigation of Damage' 'strike Out Application' 'costs as Damages']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion to Strike Out Part of Statement of Claim Under UCPR 14.28

Legal Issues

  1. 1 ['Whether plaintiff may claim as special damages the costs of preliminary discovery proceedings incurred prior to the publication alleged to be defamatory' 'Whether costs incurred prior to the commission of the tort (anticipatory mitigation) are recoverable as damages' 'Whether a party may recover by way of damages costs of legal proceedings the law required to be personally borne or awarded by another forum']

Ratio Decidendi

The plaintiff's claim for special damages in respect of legal costs incurred in preliminary discovery proceedings prior to the allegedly defamatory publication is not so untenable as to warrant summary striking out under UCPR 14.28; the issue of whether these anticipatory costs are reasonable and recoverable mitigation should be determined on the evidence at trial.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['Notice of Motion to strike out aspect of the Statement of Claim dismissed with costs.']