Greenwich University v Australian Council for Private Education and Training [2002] NFSC 1

SUPREME COURT OF NORFOLK ISLAND

Greenwich University v Australian Council for Private Education and Training [2002] NFSC 1 Cook v Administration of Norfolk Island (1992) 39 FCR 297 cited Hadzel v De Waldorf (1970) 16 FLR 174 cited Lucas v News Group Newspapers Ltd [1986] 1 WLR 147 cited Random House Australia Pty Ltd v Abbott (1999) 167 ALR 224 applied Ryan v Ross (1916) 22 CLR 1 cited Slim v Daily Telegraph Ltd [1968] 2 QB 157 cited

Greenwich University v Australian Council for Private Education and Training and TIM SMITH

NO. SC 3 OF 2001 CORAM: BEAUMONT CJ DATE: 12 APRIL 2002

IN THE SUPREME COURT ) SC 3 OF 2001

)

NORFOLK ISLAND )

IN THE MATTER OF: GREENWICH UNIVERSITY

Plaintiff

AND: AUSTRALIAN COUNCIL FOR PRIVATE EDUCATION AND TRAINING

First Defendant

TIM SMITH

Second Defendant

ORDERS

CORAM: BEAUMONT CJ

DATE: 12 April 2002

THE COURT ORDERS THAT: 1. Leave be granted to the plaintiff to file an amended statement of claim in terms of the Draft Amended Statement of Claim filed and served on 1 March 2002. 2. Any request by the first defendant for particulars be made within 21 days, and responded to within 14 days. 3. Costs to date reserved. Liberty to apply for costs in writing within 21 days. 4. The matter be stood over for directions on 20 June 2002 at 9.45 am.

IN THE SUPREME COURT ) SC 3 OF 2001

)

NORFOLK ISLAND )

IN THE MATTER OF: GREENWICH UNIVERSITY

Plaintiff

AND: AUSTRALIAN COUNCIL FOR PRIVATE EDUCATION AND TRAINING

First Defendant

TIM SMITH

Second Defendant

REASONS FOR JUDGMENT

BEAUMONT CJ: 12 April 2002

INTRODUCTION 1 Before the Court are two notices of motion: first, a notice of motion filed on behalf of the then first, fourth, fifth and twelfth defendants ("the Strike Out Motion") seeking to have parts of the statement of claim filed by the plaintiff on 30 March 2001 ("the Original Statement of Claim") struck out. Secondly, a notice of motion filed on behalf of the plaintiff seeking leave to amend the Original Statement of Claim ("the Plaintiff's Notice of Motion") in accordance with the draft amended statement of claim attached to the Plaintiff's Notice of Motion.