Kelly v Burston (No.2) [2021] NSWDC 794

District Court New South Wales

Medium Neutral Citation: Kelly v Burston (No.2) [2021] NSWDC 794 Hearing dates: 16 September 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) The document headed "Further Amended Statement of Claim" date 21 April 2021 is struck out with leave to replead. (2) The plaintiff is to file the following documents in 21days : (a) Amended Statement of Claim giving proper particulars of identification, pleading implication of appropriate for a group of liable (including any pleading of innuendo), and deleting particulars of malice (b) A Reply particularising malice. (3) Plaintiff is to pay the defendant's cost of the application. (4) Matter stood over to the Defamation List on Thursday 21 October 2021 at 9am. Catchwords: TORT – defamation – application to strike out the current form of the statement of claim – pleading of imputations for a group libel – inclusion of material on malice in the statement of claim – whether leave to replead should be granted – leave granted Cases Cited: Kelly v Burston (District Court (NSW), 15 April 2021, unrep McCormick v John Fairfax & Sons (1989) 16 NSWLR 485 Morten Christiansen v Fairfax Media Publications Pty Ltd & Ors [2012] NSWSC 1258 Lazarus v Deutsche-Lufthansa AG (1985) 1 NSWLR 188 Category: Procedural rulings Parties: Plaintiff: Peter James Kelly Defendant: Brian Burston Representation: Plaintiff: self-represented