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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Insurance
Wednesday, 12 November 2014
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| Executive Summary (One Minute Read) |
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| McFarlane v Nationwide News Pty Ltd (NSWSC) - defamation - three articles published in newspaper - plaintiff entitled to choose mode of pleading - strike-in of fourth article refused |
| Summaries With Link (Five Minute Read) |
McFarlane v Nationwide News Pty Ltd [2014] NSWSC 1574
Supreme Court of New South Wales
McCallum J
Defamation - strike-in application - action arising out of publication of series of three articles in newspaper on same day - defendant contended that a further article appearing on the same page as a number of the articles sued on ought also be included as part of the matter complained of - defendant sought order striking that material in - defendant contended additional article would have been read by ordinary reasonable reader in conjunction with matter complained of - defendant also submitted additional article was capable of affecting the sense of the matter complained of - plaintiff's entitlement to choose mode of pleading - held: it would have been open to plaintiff to add additional article to matter complained of as a single publication but it could not be concluded that plaintiff's chosen mode of pleading only three of the four articles was untenable - plaintiff could not be compelled to include article in the matter complained of - strike-in application refused.
McFarlane |
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