Baini v Liberal Party of Australia NSW Division & Anor [2023] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: Baini v Liberal Party of Australia NSW Division & Anor [2023] NSWSC 837 Hearing dates: 06 July 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Pursuant to Rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), the Amended Statement of Claim against the first defendant is struck out. (2) Pursuant to Rule 14.28 of the UCPR, the whole of the pleadings in the Amended Statement of Claim against the second defendant are struck out with liberty to replead. (3) The plaintiff is to pay the first defendant's costs of the Notice of Motion. (4) The costs of the second defendant of the Notice of Motion are costs in the cause. Catchwords: CIVIL PROCEDURE – pleadings – striking out – whether the first defendant is a proper party – unincorporated association – not capable of being sued – claim against the first defendant struck out CIVIL PROCEDURE – pleadings – striking out – whether the pleadings disclose any cause of action – whether the pleadings are embarrassing – breach of privacy – no cause of action shown – injurious falsehoods – the pleadings are so lacking in specificity and complicated by irrelevancies that they are fundamentally defective – pleadings are embarrassing – whole of pleadings in Amended Statement of Claim against the second defendant struck out – liberty to replead TORTS – general principles – elements – breach of privacy – injurious falsehoods – tort of breach of privacy has not clearly emerged in Australia – pleadings lack specificity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Baker v Mutton [2014] VSCA 302 Bartlett v Swan Television & Radio Broadcasters Pty Ltd (1995) ATPR 41-434 Beach Petroleum NL v Johnson (1991) 105 ALR 456 Charlie Carter Pty Ltd v Shop, Distributive and Allied Employees Association of Western Australia (1987) 13 FCR 413 CJZ Pty Ltd v Giant Dwarf Pty Ltd; CJZ Pty Ltd v Morrow [2023] NSWCA 135 Collins v Jones [1955] 1 QB 564 Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2005] NSWSC 926 Green v Bradbury (2011) 191 FCR 417; [2011] FCA 71 McGuirk v The University of New South Wales [2009] NSWSC 1424 Meckiff v Simpson [1968] VR 62 H 1976 Nominees Pty Ltd v Galli (1979) 30 ALR 181 Ratcliffe v Evans [1892] 2 QB 524 Rubenstein v Truth & Sportsman Limited [1960] VR 473 Shelton v National Roads and Motorists Association Ltd [2004] FCA 1393 Smethurst v Commissioner of Police (2020) 272 CLR 177; [2020] HCA 14 Trade Practices Commission v David Jones (Australia) Pty Ltd (1985) 7 FCR 109 Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Ellis (2007) 70 NSWLR 565; [2007] NSWCA 117 Turner v Bulletin Newspapers Co Pty Ltd (1974) 131 CLR 69 Category: Principal judgment Parties: Natalie Baini (Plaintiff) Liberal Party of Australia NSW Division (First Defendant) Christopher Stone (Second Defendant) Representation: Counsel: Self-represented (Plaintiff) S Duggan (First Defendant)