Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metcash Trading Limited v Bunn (No 4) [2008] FCA 1607
PRACTICE AND PROCEDURE – interlocutory application – pleadings – application for further and better particulars – respondent had knowledge of contracts he sought particulars of – respondent had not discovered relevant documents – no obligation to give particulars of actual knowledge of respondent. DEFAMATION – pleadings – necessary to give particulars of facts and circumstances said to support a claim of libel which relies upon a true innuendo – common to plead imputations said to arise out of publication in the natural and ordinary meaning of the words – particulars are required of words relied on for any imputation pleaded where party asserts that whole of article is defamatory – necessary to give particulars of prior publications and subsequent publications where imputation by true innuendo by reference to prior publication is pleaded – necessary to give particulars of facts and circumstances where applicant claims the respondent ought to have known that imputations pleaded were untrue. Defamation Act (1974) (NSW) s 9(2) Fair Trading Act 1987 (SA) s 56 Trademarks Act 1995 (Cth) Trade Practices Act 1974 (Cth)s 52 Federal Court Rules O 11 r 2, O 11 r 3, O 12 r 1 A v Ipec Australia Ltd & Crew [1973] VR 39 distinguished Chapman v Australian Broadcasting Corporation (2000) 77 SASR 181 cited DDSA Pharmaceuticals Ltd v Times Newspapers Ltd [1973] 1 QB 21 referred to Fox v H Wood (Harrow) Ltd [1963] 2 QB 601 cited Kerney v Optimus Holdings Pty Ltd [1976] VR 399 cited Lawson v Perpetual Trustee Co Ltd (1959) 76 WN (NSW) 367 cited Pinson v Lloyds and National Provincial Foreign Bank Limited [1941] 2 KB 72 cited Scott v Fourth Estate Newspapers Ltd [1986] 1 NZLR 336 referred to Spedding v Fitzpatrick (1887) 38 Ch D 410 cited Milmo P and Rogers W V H (eds), Gatley on Libel and Slander (10th ed, Sweet & Maxwell, 2004) METCASH TRADING LIMITED (ACN 000 031 569), IGA DISTRIBUTION PTY LTD (ACN 004 391 422) and AUSTRALIAN LIQUOR MARKETERS PTY LTD (ACN 002 885 645) v PETER CHADLEY BUNN
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