NSW Caselaw
New South Wales Supreme Court
CITATION : MALLIK v McGEOWN & ANOR [2007] NSWSC 438
HEARING DATE(S) : Wednesday 2 May 2007
JUDGMENT DATE : 4 May 2007
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : (a) That the plaintiff be granted leave to amend paragraphs 4(a) and 4(c) in terms of the document entitled "Plaintiff's proposed amended imputations". (b) That the imputation claimed in paragraph 4(b) of the statement of claim be struck out. (c) That the plaintiff have leave to amend the statement of claim to re-plead former paragraph 4(b) to plead an imputation consistent with the observations in paragraph [20] of in this judgment. (d) The plaintiff have leave to file and serve an amended statement of claim which gives effect to the above orders by 10.00 am, Monday 7 May 2007. (e) Liberty to either party to apply on short notice. I reserve the question of costs of the present application.
CATCHWORDS : DEFAMATION – Interlocutory proceedings – whether matters complained of capable of conveying imputations to "ordinary reasonable reader" - that the plaintiff was "crazy", gave "false evidence" to the Land and Environment Court, was an "irrational person" – whether to strike out imputations – Amendment of imputations
Ahmed v John Fairfax Publications Pty Limited [2006] NSWCA 6 CASES CITED : Favell v Queensland Newspapers Pty Limited (2005) 79 ALJR 1716 Lewis v Daily Telegraph Limited [1964] AC 234 Monte v Mirror Newspapers Limited (1979) 2 NSWLR 663
PARTIES : MALLIK, Therese v. McGEOWN, William & ANOR
FILE NUMBER(S) : SC No. 20255 of 2006
COUNSEL : P: D.A. Caspersonn D: L.K. Evans
SOLICITORS : P: Harris Wheeler D: N/A
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