Pittwater Aquatic Club Co-Operative Limited v Casey Van Dyke [2020] NSWDC 783

District Court New South Wales

Medium Neutral Citation: Pittwater Aquatic Club Co-Operative Limited v Casey Van Dyke [2020] NSWDC 783 Hearing dates: 3 December 2020 Date of orders: 3 December 2020 Decision date: 18 December 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the defendant's challenges to the capacity (UCPR rule 28.2) and form of the imputations and as to the entitlement of the plaintiff to sue as a corporation are dismissed. (2) Grant leave to the plaintiff to file the Amended statement in the form provided to the Court, save for paragraphs 6 and 8 headed "particulars of identities", within 7 days. (3) The defendant is to file a Defence by 16 December 2020. (4) Matter stood over to Defamation List on Thursday 17 December 2020 for a timetable. (5) Defendant pay plaintiff's costs of today. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Co-operatives (Adoption of National Law) Act 2012 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bargold Pty Ltd v Mirror Newspapers Ltd [1981] 1 NSWLR 9 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Lewis v Daily Telegraph [1964] AC 234 at 262 South Hetton Coal Co Ltd v Northeastern News Ltd [1894] 1 QB 133 Toben v Milne [2014] NSWCA 200 Texts Cited: T K Tobin QC & M G Sexton SC SG, "Australian Defamation Law and Practice" Category: Procedural and other rulings Parties: Plaintiff: Pittwater Aquatic Club Co-Operative Limited Defendant: Casey Van Dyke Representation: Counsel: Plaintiff: Mr N Olson Defendant: Mr R Weaver