Schlaepfer v Australian Securities and Investment Commission [2017] NSWSC 1656

Supreme Court New South Wales

Medium Neutral Citation: Schlaepfer v Australian Securities and Investment Commission [2017] NSWSC 1656 Hearing dates: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Common Law Before: McCallum J Decision: Defendants' objections to the statement of claim rejected; defendants to pay the plaintiff's costs of the application Catchwords: DEFAMATION – publication – whether adequately pleaded – conversation noted in an email – plaintiff pleading cause of action in respect of conversation based on content of email

DEFAMATION – imputations – whether adequately precise Legislation Cited: Defamation Act 2005 (NSW), s 9 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Australian Securities and Investments Commission v Schlaepfer [2017] NSWCA 247 Dank v Cronulla Sutherland District Rugby League Football Club [2013] NSWSC 1101 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSW CA 288 Drummoyne Municipal Council v Australian Broadcasting Council (1990) 21 NSWLR 135 Fairfax Media Publications Pty Ltd v Pedavoli (2015) 91 NSWLR 485; [2015] NSWCA 237 Schlaepfer v Australian Securities and Investments Commission [2017] NSWSC 47 Category: Procedural and other rulings Parties: Daniel Schlaepfer (first plaintiff) Select Vantage Inc (second plaintiff) Merlito Securities Co Ltd (third plaintiff) Australian Securities and Investment Commission (first defendant) Greg Yanco (second defendant) Representation: Counsel: M Richardson (plaintiff) J Hmelnitsky SC, M Lewis (defendants)