Bond v John Fairfax Publications Pty Ltd

This case involves Alan Bond, who sued John Fairfax Publications Pty Ltd and Mark Drummond for defamation. Bond sought an extension of time to apply and to strike out certain paragraphs of the defendants' defence. The Supreme Court of Western Australia heard the application on 22 November 2001 and delivered the judgment on 14 December 2001. The court granted the application in part.

The main legal issues were whether the plaintiff was entitled to an extension of time to make the application, and if certain paragraphs of the defence were to be struck out. The court considered whether the plaintiff's delay in making the application could be justified and whether the defence contained any untenable or manifestly groundless imputations.

The court found that the plaintiff's delay in making the application could be partially justified, as the merits of the strike-out application were a material consideration. The court also found that paragraph 4 of the defence was arguable and should not be struck out, but paragraph 5 was unclear and potentially prejudicial to the plaintiff. The court granted the plaintiff an extension of time to bring the application and ordered that paragraph 5 of the defence be struck out with the defendant being given leave to replead.