Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331

Supreme Court New South Wales

Medium Neutral Citation: Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Hearing dates: 26 August 2015 Date of orders: 15 September 2015 Decision date: 15 September 2015 Jurisdiction: Common Law Before: McCallum J Decision: Particulars in support of the justification defence are struck out with leave to re-plead. I direct the defendant to file and serve an amended defence within 28 days. I stand the matter over to the defamation list on 16 October 2015. Defendant to pay the plaintiffs' costs of the application as agreed or assessed on the ordinary basis save as to the costs of addressing the Bateman argument which costs are to be paid as agreed or assessed on the indemnity basis Catchwords: DEFAMATION – pleadings – defence of justification – striking out of particulars – whether particulars capable of sustaining defence of justification – whether particulars sufficiently put plaintiffs on notice of the case they are required to meet Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Defamation Act 2005 (NSW), s 25 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fairfax Media Publications v Bateman [2015] NSWCA 154 Hayson v John Fairfax Publication Pty Limited [2007] NSW 376 J'Anson v Stewart (1787) 1 TR 748 Rothe v Scott (No 2) [2015] NSWDC 143 Northam v Favelle Favco Holdings (Supreme Court (NSW), 7 March 1995, unrep) Category: Procedural and other rulings Parties: Neil Brooks (first plaintiff) Elle Brooks (second plaintiff) Fairfax Media Publications Pty Ltd (defendant) Representation: Counsel: S Chrysanthou (plaintiffs) M Richardson (defendant)