YZ v Amazon [2013] NSWSC 1522

YZ v Amazon [2013] NSWSC 1522

The statement of claim is struck out because it includes extensive irrelevant and embarrassing material, fails to adequately plead publication and the basis for joint liability of defendants, and thus has a tendency to cause prejudice, embarrassment or delay under Uniform Civil Procedure Rules 2005 r 14.28.

Parties
Plaintiff: YZ; 1st Defendant: Amazon; 2nd Defendant: Smashwords Inc; 3rd Defendant: OP; 4th Defendant: QRS; 5th Defendant: TUV; 6th Defendant: WX
Jurisdiction
Australia
Judgment Date
18 October 2013
Procedural Posture
Defamation / Interlocutory Application Statement of Claim Struck Out
Outcome
Statement of claim struck out as against the third to sixth defendants
Legal Topics
Pleading Requirements, Suppression Orders, Non Publication Orders
Defamation Civil Procedure Pleading Requirements Suppression Orders Non Publication Orders

Case Brief

Summary, issues, holding and outcome

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Parties

YZ

Plaintiff

Amazon

1st Defendant

Smashwords Inc

2nd Defendant

OP

3rd Defendant

QRS

4th Defendant

TUV

5th Defendant

WX

6th Defendant

Procedural Posture

Defamation / Interlocutory Application Statement of Claim Struck Out

Legal Issues

  1. 1 Whether the statement of claim should be struck out for including extensive material extraneous to the cause of action and liable to cause prejudice, embarrassment or delay
  2. 2 Adequacy of pleading publication and defamatory imputations
  3. 3 Whether suppression and non-publication orders are appropriate

Ratio Decidendi

The statement of claim is struck out because it includes extensive irrelevant and embarrassing material, fails to adequately plead publication and the basis for joint liability of defendants, and thus has a tendency to cause prejudice, embarrassment or delay under Uniform Civil Procedure Rules 2005 r 14.28.

Court Disposition

Statement of claim struck out as against the third to sixth defendants

Orders

  • Suppression order prohibiting publication or disclosure of information tending to reveal identities of certain parties and any child of plaintiff and sixth defendant under s 7 of Court Suppression and Non-Publication Orders Act 2010
  • Non-publication order prohibiting publication of pleadings, evidence and submissions without leave of Court under s 7 of Court Suppression and Non-Publication Orders Act 2010