King v Linney (No 2) [2010] NSWSC 342

New South Wales Supreme Court

CITATION : King v Linney (No 2) [2010] NSWSC 342

HEARING DATE(S) : 26 February 2010

JUDGMENT DATE : 29 April 2010

JUDGMENT OF : Harrison J

1. Order that paragraph 4 of the statement of claim be struck out. 2. Grant liberty to the plaintiffs within 28 days to file and serve an amended statement of claim if so advised. 3. Order the plaintiffs to pay the defendants' costs of and incidental to the application to strike out paragraph 4 of the statement of claim. DECISION : 4. Order that within 21 days the plaintiffs furnish the defendants with such answers to the defendants' request for particulars of the statement of claim as are contained in their solicitor's letter dated 29 May 2009 and which remain unanswered. 5. Order the plaintiffs to pay the defendants' costs of and incidental to the application for particulars issue. 6. Dismiss the defendants' application for costs on the notice to produce issue. 7. Order the plaintiffs to pay the defendants' costs on the challenge to retainer issue. 8. Dismiss the plaintiffs' application for adjudication of reserved costs with no order as to costs.

CATCHWORDS : PRACTICE AND PROCEDURE – where plaintiffs' neighbours published allegedly defamatory material about them by erecting signs and distributing a letter – application by defendants pursuant to UCPR 14.28 to strike out a paragraph of the statement of claim upon the contention that the pleaded imputations are not capable of arising from the matters complained of – further application by defendants to strike out entire claim in defamation for non-compliance with UCPR 15.19(1)(d), 15.19(1)(e) and 15.19(2) – where no way of knowing what part of which publication is said to give rise to each pleaded imputation – pleading wholly bad in form and cannot stand – COSTS - where plaintiffs served notice to produce upon defendants' solicitor personally - where no disadvantage or prejudice caused to defendants – overly technical insistence on form viewed in light of Civil Procedure Act s56 – no order as to costs – where plaintiffs challenge retainer of the defendants' solicitor – subsequently abandoned - where no confidential information communicated - plaintiffs to pay the defendants' costs incurred resisting the challenge.