Luna v Porter [2016] NSWSC 1727

Supreme Court New South Wales

Medium Neutral Citation: Luna v Porter [2016] NSWSC 1727 Hearing dates: 18 November 2016 Decision date: 22 November 2016 Jurisdiction: Common Law Before: McCallum J Decision: Rulings on objections to imputations Catchwords: DEFAMATION – pleadings – requirement to specify alleged defamatory meaning of matter complained of with clarity so as to avoid confusion at trial and at the interlocutory stage – use of figurative language in pleaded imputations – rhetorical imputations – court's unhappy duty to prefer clear delineation of the issues for trial to loveliness of expression

COSTS – where pleadings amended after new counsel briefed – appropriateness of ordering that costs thrown away by reasons of amendment be payable forthwith – where defendants facing financial hardship due to costs incurred in proceedings to date Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Cases Cited: Ahmed v Harbour Radio Pty Ltd (No 2) [2011] NSWSC 20 Kazal v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1422 Mayfield Smith v Mirror Newspapers Ltd [1982] 2 NSWLR 412 Fiduciary v Morningstar Research [2005] NSWSC 442 Category: Procedural and other rulings Parties: Wilson Luna (1st plaintiff) Luna Group Pty Ltd (2nd plaintiff) Wilson Luna Ltd (3rd defendant)

Karen Porter (1st defendant) Spencer Smith (2nd defendant) Mina Sedgman (3rd defendant) Manda Epton (4th defendant) Representation: Counsel: S Littlemore QC (plaintiffs) S Chrysanthou (defendants)