NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Rothe v Scott [2015] NSWDC 105 Hearing dates: 4 June 2015 Date of orders: 04 June 2015 Decision date: 04 June 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Strike out the defence of justification in paragraph 6A. (2) Pursuant to s 26 Civil Procedure Act 2005 (NSW), direct the parties to attend for mediation before an assistant registrar of the District Court on Tuesday 16 June 2015. (3) Matter stood over for further directions in the Defamation List on Thursday 18 June 2015 at 9:00am. Catchwords: TORT – defamation – failure to provide further and better particulars for the defence of justification – particulars pleaded in the defence manifestly inadequate – defence of justification struck out Legislation Cited: Defamation Act 2005 (NSW), s 25 Cases Cited: Fogarty v Nationwide News Pty Ltd [2013] WASC 477 Greenfield v Fairfax Media Publications Pty Ltd (No 2); Greenfield v Australian Broadcasting Corporation [2015] NSWSC 373 Heytsbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Kingsfield Holdings Pty Ltd v Sullivan Commercial Pty Ltd [2013] WASC 347 MacDonald v Australian Broadcasting Corporation [2014] NSWSC 1472 Saraceni v Mentha [2013] WASC 95 Category: Procedural and other rulings Parties: Plaintiff: Kenneth Rothe Defendant: David Scott Representation: Counsel: Plaintiff: Mr C J Dibb Defendant: Mr M Glaser (solicitor)
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