NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Chel v Fairfax Media Publications Pty Limited [2015] NSWSC 171 Hearing dates: 27 February 2015 Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction: Common Law Before: McCallum J Decision: Application for leave to amend further amended statement of claim refused; application to have reply struck out refused Catchwords: DEFAMATION – pleadings – application by plaintiff for leave to amend pleadings so as to include defendants' contextual imputation as one of the imputations of which the plaintiff complains – whether an abuse of process – discretionary considerations Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.28, 14.30 Defamation Act 2005 (NSW), ss 25, 26 Cases Cited: Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 Besser v Kermode [2011] NSWCA157; 81 NSWLR 157 Holt v TCN Channel 9 Pty Ltd [2014] NSWCA 90; 85 NSWLR 96 Mallegowda v Sood (No 3) [2015] NSWDC 14 Petty v Zhao (No 2) [2015] NSWDC 18 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43; 239 CLR 75 Category: Procedural and other rulings Parties: Lili Chel (Plaintiff) Fairfax Media Publications Pty Limited (First Defendant) Vanda Carson (Second Defendant) Representation: Counsel: R Rasmussen (Plaintiff) T D Blackburn SC and MA Polden (Defendants)
Solicitors: Beazley Singleton (Plaintiff) Banki Haddock Fiora (Defendants) File Number(s): 2011/409423 Publication restriction: None
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