McGinn v Peter Clisdell Pty Ltd (No 2) [2018] NSWSC 1856

Supreme Court New South Wales

Medium Neutral Citation: McGinn v Peter Clisdell Pty Ltd (No 2) [2018] NSWSC 1856 Hearing dates: 16 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: The amended statement of claim is struck out with leave to re plead; direct the plaintiff to serve any proposed amended pleading by 18 January 2019; order the plaintiff to pay the costs of the argument Catchwords: DEFAMATION – pleadings – application to strike out statement of claim – plaintiff unrepresented –objections resolved or accepted by plaintiff during argument – pleadings not containing allegations of facts, matters and circumstance relied upon to support central allegations – pleadings intermingling an apparent specification of the imputation and the extract of the matter complained of relied upon to convey that imputation – pleadings asserting propositions of law Legislation Cited: Defamation Act 2005 (NSW), s 27, Schedule 1 cl 33 Uniform Civil Procedure Rules 2005 (NSW), r 14.30(1) Category: Procedural and other rulings Parties: Sophia McGinn (plaintiff) Peter Clisdell Pty Ltd (first defendant) Peter Miller (second defendant) Marie Cregan (third defendant) James Moir (fourth defendant) Representation: Counsel: Plaintiff self-represented M Lewis (first and third defendants) D Sibtain (second defendant) GR Rubagotti (fourth defendant)