NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gazecki v Stokes [2022] NSWSC 1248 Hearing dates: 04 April 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiff has leave to amend the Statement of Claim to include further imputations, subject to the qualifications set forth in the reasons for judgment; (2) Order that the defendant answer the interrogatories extracted in the reasons for judgment herein; (3) Costs will be costs in the cause. Catchwords: DEFAMATION – leave to file Amended Statement of Claim – objections on basis of lack of substantial difference in some imputations – use of term "un-Australian" – some imputations not capable of arising from alleged publications – qualified leave to amend granted CIVIL PROCEDURE – interrogatories – meaning of "necessary" Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), Pt 14, r 19.1, 22.1 Cases Cited: Boyle v Downs [1979] 1 NSWLR 192 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 Schutt v Queenan [2000] NSWCA 341 Category: Procedural rulings Parties: John Gazecki (Plaintiff) Robert Gordon Stokes (Defendant) Representation: Counsel: R Rasmussen (Plaintiff) T Senior (Defendant)
Solicitors: Brydens Lawyers Pty Ltd (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2021/319290
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