YZ v Amazon (No 3) [2015] NSWSC 1130

YZ v Amazon (No 3) [2015] NSWSC 1130

Given the unusual circumstances and the importance of allowing the plaintiff to plead those imputations most central to her grievances, leave was granted to the plaintiff to amend the statement of claim, strictly confined to one or two imputations capturing whether she acted unreasonably or irresponsibly in forming or acting upon her belief regarding the father's conduct.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Defamation / Interlocutory Ruling on Pleadings/amendment of Statement of Claim
Outcome
Leave granted to plaintiff to amend statement of claim, strictly confined as directed.
Legal Topics
['pleadings' 'imputations' 'litigant in Person' 'amendment of Claim']
['defamation' 'civil Procedure'] ['pleadings' 'imputations' 'litigant in Person' 'amendment of Claim']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Pleadings/amendment of Statement of Claim

Legal Issues

  1. 1 ['Whether specific pleaded imputations are permissible in form and capacity under NSW law' 'Whether the plaintiff should be granted leave to amend her statement of claim to propound further imputations']

Ratio Decidendi

Given the unusual circumstances and the importance of allowing the plaintiff to plead those imputations most central to her grievances, leave was granted to the plaintiff to amend the statement of claim, strictly confined to one or two imputations capturing whether she acted unreasonably or irresponsibly in forming or acting upon her belief regarding the father's conduct.

Court Disposition

Leave granted to plaintiff to amend statement of claim, strictly confined as directed.

Orders

  • ['Plaintiff is directed to file and serve an amended statement of claim in accordance with these reasons within 14 days.' "Plaintiff may plead one or two imputations capturing the issue of acting unreasonably or irresponsibly in forming or acting on her belief regarding the father's conduct."]