Murdoch v Private Media Pty Ltd (No 4) [2023] FCA 114

Federal Court of Australia

Murdoch v Private Media Pty Ltd (No 4) [2023] FCA 114 File number: NSD 673 of 2022

Judgment of: WIGNEY J

Date of judgment: 30 January 2023

Date of publication: 21 February 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to amend originating application and statement of claim in defamation proceedings – rr 8.21 and 16.53 of Federal Court Rules 2011 (Cth) – weighing of competing considerations – need to amend became apparent from inspection of discovered documents and a submission by respondent made in the context of another interlocutory application – addition of new cause of action based on republication – importance of proposed amendments to applicant's case – not contended that amended pleadings not reasonably arguable or liable to be struck out – consequent six-month delay to trial – expansion and prolongation of litigation prejudicial to respondent – remedial objective of ensuring pleadings are cured to enable real questions in controversy to be agitated – application granted – applicant to pay costs thrown away by amendment application and trial vacation JOINDER – interlocutory application to join additional respondents – r 9.05 of Federal Court Rules 2011 (Cth) – joinder necessary to avoid multiplicity of proceedings – reasonably arguable case against existing respondents – proposed respondents directly involved in cause of action arising from amendment of the pleadings – application granted

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 8.21, 9.05, 16.53, pt 21 Defamation Act 2005 (NSW) ss 8, 10A, 12A, 12B, 29A