NSW Caselaw
New South Wales Supreme Court
CITATION : Alfaro & Ors v O'Brien & Ors [2006] NSWSC 938
HEARING DATE(S) : Monday 11 September 2006
JUDGMENT DATE : 14 September 2006
JUDGMENT OF : Simpson J
DECISION : statement of claim struck out; plaintiffs to pay the defendants' costs of the proceedings
CATCHWORDS : defamation - defendants' objections to statement of claim - pleading - failure to plead substance of matter complained of - four publications - no reference to second, third or fourth plaintiffs - publication to first plaintiff - notice of motion - order to strike out statement of claim - order to dismiss proceedings - relief sought inappropriate - capacity of publications to convey imputations pleaded - circumstances in which a court may strike out pleadings - frivolous and vexatious proceedings
LEGISLATION CITED : Uniform Civil Procedure Rules 1995 13.4, 14.28,
CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125
Pedro Alfaro - 1st Plaintiff Silvia Gladys Alfaro - 2nd Plaintiff Diana Alfaro - 3rd Plaintiff Richard Alfaro - 4th Plaintiff PARTIES : Charles O'Brien - 1st Defendant Bridget Brooker - 2nd Defendant Rana Beyrouti - 3rd Defendant Kerrie Kerr - 4th Defendant Jane Booker - 5th Defendant NSW Land and Housing Corporation - 6th Defendant
FILE NUMBER(S) : SC 2006/20239
COUNSEL : M Lynch - Defendants
SOLICITORS : P Alfaro in person - Plaintiffs M Callen - New South Wales Land & Housing Corporation
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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