Mallik v McGeown [2008] NSWSC 674

New South Wales Supreme Court

CITATION : Mallik v McGeown [2008] NSWSC 674

HEARING DATE(S) : 19 June 2008

JUDGMENT DATE : 3 July 2008

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

1. Pursuant to r 14.28 of the UCPR, the reply to the third further amended defence of the third defendant is struck out. 2. I grant leave to the plaintiff to file and serve an amended reply within 14 days. DECISION : 3. I direct the plaintiff to provide a further answer to interrogatories 37 and 38 within 14 days. 4. I grant leave to the third defendant to administer a further interrogatory in respect of the statement to the Magistrate identified in interrogatory 43 within 7 days. 5. I direct the plaintiff to answer any such further interrogatory within a further 7 days. 6. I order the plaintiff to pay the third defendant's costs of this application.

CATCHWORDS : COMMON LAW - defamation - defence of qualified privilege - whether plaintiff's reply should be struck out under r 14.28 - whether reply had tendency to cause embarrassment - form of particulars of malice - overriding purpose - request by third defendant for better answers to interrogatories

Defamation Act 2005 LEGISLATION CITED : Uniform Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Gross v Weston & Anor (2007) 69 NSWLR 279 Northam v Favelle Favco Holdings Pty Ltd (unreported, NSWSC, Bryson J, 7 March 1995) CASES CITED : Rex v Associated Northern Collieries (1910) 11 CLR 738 Roberts v Bass [2002] HCA 57 Webb v Bloch (1928) 41 CLR 331