Hughes v ISPT Pty Ltd (No. 3) [2010] NSWDC 283

New South Wales District Court

CITATION: Hughes v ISPT Pty Ltd (No. 3) [2010] NSWDC 283

HEARING DATE(S): 16 December 2010

JUDGMENT DATE: 16 December 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Note the parties' agreement that all disputes concerning answers to interrogatories have been resolved. (2) Plaintiff's application to file Further Amended Statement of Claim to bring proceedings for defamation, s 42 Fair Trading Act 1987 (NSW) and injurious falsehood against Mr and Mrs Splithof and Mr and Mrs Tritton (currently the cross-defendant in the first and third cross-claims) and against the second defendant (s 75B) dismissed. (3) Grant leave to the second defendant to amend the Defence to the Trade Practices Act claim to plead proportionate liability and correct the typographical errors outlined in paragraph 6 of Mr Potter's submissions. DECISION: (4) Grant leave to the cross-defendant to the first cross-claim to file Amended Defence in 28 days giving full particulars of the matters pleaded including but not limited to any denial of contractual liability. (5) Matter stood over for further directions to Friday 28 January 2011 noting the substitution argument has been abandoned and this matter will be listed for directions only. (6) Costs reserved. (7) Time for continuation of informal discussions is continued until further order.

CATCHWORDS: TORT - defamation - application by plaintiff to amend statement of claim to bring new causes of action and add new parties as defendants - principles in AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 discussed - application dismissed