Jenman v McIntyre [2013] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Jenman v McIntyre [2013] NSWSC 1100 Hearing dates: 6 August 2012 Decision date: 14 August 2013 Before: McCallum J Decision: Plaintiff's application for leave to continue proceedings against second defendant in liquidation refused; parts of defence and particulars struck out; first defendant's application for further discovery allowed. Catchwords: DEFAMATION - whether plaintiff should have leave to continue proceedings against company in liquidation - factors relevant to exercise of Court's discretion - defences - whether adequately particularised Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth), s 500(2) Defamation Act 2005 Cases Cited: Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd (Receivers and Managers Appointed)(in liq)(No 2) [2009] FCA 42 Burstein v Times Newspapers Ltd [2001] 1 WLR 579 Channel Seven Adelaide v Manock [2007 HSC 60; 241 ALR 468 Dow Jones and Company Inc v Gutnick [2002] HCA 56; 210 CLR 575 Gross v Weston [2007] NSWCA 1 Maher v Taylor [1984] 1 NSWLR 231 Category: Interlocutory applications Parties: Neil Jenman (plaintiff) Jamie McIntyre (first defendant) 21st Century Academy Ltd (in liquidation)(second defendant) Representation: Counsel: G Schoff SC, C Amato (plaintiff) J Castelan, L Brown (first defendant) Solicitors: Slater & Gordon (plaintiff) Black & White Legal (defendants) File Number(s): 2010/325331 Publication restriction: None