Faruqi v Latham [2018] FCA 1328

FEDERAL COURT OF AUSTRALIA

Faruqi v Latham [2018] FCA 1328 File number: NSD 1828 of 2017

Judge: WIGNEY J

Date of judgment: 30 August 2018

Catchwords: DEFAMATION – practice and procedure – application to strike out parts of statement of claim in a defamation action – whether parts of statement of claim should be struck out pursuant to r 16.21(1) Federal Court Rules 2011 (Cth) – whether impugned publication capable of conveying defamatory meanings – where matter best considered after full argument at trial – where reasonably arguable that publication capable of conveying defamatory meanings – application dismissed PRACTICE AND PROCEDURE – application for further and better particulars of statement of claim – where pleadings clear – no justification for order for further and better particulars – application dismissed DEFAMATION – practice and procedure – application to strike out parts of defence to a defamation action pursuant to r 16.21(1) Federal Court Rules 2011 (Cth) – where central hypothesis underlying defences flawed – where pleaded facts do not raise a reasonable defence to claim – where pleadings vexatious, frivolous, evasive, ambiguous, likely to cause prejudice and embarrassment – where defences of justification, contextual truth, qualified privilege, honest opinion and fair comment, which rely on the central hypothesis should be struck out – where pleaded facts not reasonably capable of being relevant to the mitigation of damages – where allegation of "abuse of process" does not raise a reasonable defence to claim – where proper course to seek summary judgment pursuant to r 26.01(1)(d) or strike-out pursuant to r 16.21(1)(f) Federal Court Rules 2011 (Cth) – where entire defence to be struck out on the basis that residue would be confusing – leave to re-plead granted