Federal Court of Australia
Federal Court of Australia
Burrows v Fairfax Media Publications Pty Ltd [2021] FCA 404 File number: NSD 585 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 21 April 2021
Catchwords: DEFAMATION – amendment of pleadings – addition of a claim comprising publication on Twitter of a link to a publication already pleaded – addition of a claim comprising the re-publication of a publication already pleaded with the addition of an editor's note – addition of claims under the Australian Consumer Law – whether the amendments arise from substantially the same facts
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2: ss 4, 18, 18(1), 19, 19(1)(a) Federal Court Act 1976 (Cth) ss 37M, 53A Federal Court Rules 2011 (Cth) rr 8.21(1)(g)(i), 8.21(2), 16.54, 16.51(4) Limitation Act 1969 (NSW) s 14B
Cases cited: Re Australian Ocean Line Pty Ltd v West Australian Newspapers Limited and William Ross Harvey [1985] FCA 37; 58 ALR 549 Dow Jones and Co Inc v Gutnick [2002] HCA 56; (2002) 210 CLR 575 Environinvest Ltd (in liq) v Former Partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller (2012) 208 FCR 376; [2012] FCA 1307 Kostov v Zhang [2017] NSWDC 7 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 43
Date of last submissions: 2 March 2021 (Applicant) 8 March 2021 (Respondents)
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