HT Group (PTY) Ltd v Hazelhurst and Another (6206/01) [2003] ZAWCHC 10; [2003] 2 All SA 262 (C) (18 March 2003)

HT Group (PTY) Ltd v Hazelhurst and Another (6206/01) [2003] ZAWCHC 10; [2003] 2 All SA 262 (C) (18 March 2003)

The court held that the plaintiff's particulars of claim were vague and embarrassing because they failed to identify the specific passages in the articles alleged to be defamatory or to paraphrase the defamatory content. This lack of specificity prejudiced the defendants by leaving them uncertain as to the case they had to meet and the defences they should raise. The court found that, although previous cases allowed reliance on the whole article, those cases involved pleadings that paraphrased the alleged defamatory content. In this matter, the plaintiff did not do so, and the defendants were entitled to greater particularity. The exception was therefore upheld, and the plaintiff was...

Citation
[2003] ZAWCHC 10
Parties
Plaintiff: HT Group (PTY) Ltd; Defendant: D Hazelhurst; Defendant: Independent Newspapers (PTY) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 March 2003
Case Number
6206/01
Procedural Posture
Civil Procedure / Exception to Particulars of Claim (vague and Embarrassing)
Outcome
Defendants' exception upheld. Plaintiff granted leave to amend particulars of claim within ten days, failing which the claim will be set aside. Plaintiff to pay costs of the exception and hearing.
Judges
J M Muller
Legal Topics
Defamation, Vague and Embarrassing Pleading, Rule 18, Exception Procedure
Civil Procedure Delict Defamation Vague and Embarrassing Pleading Rule 18 Exception Procedure

Case Brief

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Parties

HT Group (PTY) Ltd

Plaintiff

D Hazelhurst

Defendant

Independent Newspapers (PTY) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim (vague and Embarrassing)

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim in a defamation action are vague and embarrassing to the extent that they prejudice the defendants.
  2. 2 Whether the plaintiff is required to identify the specific defamatory passages or paraphrase the alleged defamatory content in its pleadings.
  3. 3 Whether the defendants are entitled to an exception where the particulars of claim fail to specify the respects in which the plaintiff was allegedly defamed.

Ratio Decidendi

The court held that the plaintiff's particulars of claim were vague and embarrassing because they failed to identify the specific passages in the articles alleged to be defamatory or to paraphrase the defamatory content. This lack of specificity prejudiced the defendants by leaving them uncertain as to the case they had to meet and the defences they should raise. The court found that, although previous cases allowed reliance on the whole article, those cases involved pleadings that paraphrased the alleged defamatory content. In this matter, the plaintiff did not do so, and the defendants were entitled to greater particularity. The exception was therefore upheld, and the plaintiff was...

Court Disposition

Defendants' exception upheld. Plaintiff granted leave to amend particulars of claim within ten days, failing which the claim will be set aside. Plaintiff to pay costs of the exception and hearing.

Orders

  • The defendants' exception is upheld.
  • The plaintiff is given leave to amend its particulars of claim within ten days of the order, failing which the particulars of claim will be deemed set aside.