NSW Caselaw
New South Wales Supreme Court
CITATION : ABRAHAM & Ors v JASRIKA PTY LIMITED & Ors [2008] NSWSC 405 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 22 April 2008
JUDGMENT DATE : 2 May 2008
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
1. The Further Amended Statement of Claim is struck out; DECISION : 2. The plaintiffs are to pay the defendants' costs of the application; 3. The defendants' Notice of Motion filed on 16 April 2008 is stood over.
CATCHWORDS : PRACTICE AND PROCEDURE - DEFAMATION - Notice of motion seeking summary dismissal of proceedings - whether frivolous or vexatious - whether pleading discloses reasonable cause of action - alternatively order striking out pleading - whether defamation claim statute barred - whether the plaintiffs have cause of action able to be properly formulated - repeated failure by the plaintiffs to provide proper particulars - failure to particularise special damage or malice in pleading injurious falsehood - expense and oppression to defendants - further amended statement of claim struck out - notice of motion stood over
Fair Trading Act [1987] LEGISLATION CITED : Defamation Act 2005 Trade Practices Act 1974 (Commonwealth) Limitation Act
CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125
Yael Abraham (First Plaintiff) Assetnet Holdings Pty Ltd (Second Plaintiff) PARTIES : Jasrinka Pty Ltd - First Defendant Norman Bruce Berry - Second Defendant James Kerr (Third Defendant)
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