Faruqi v Latham

The parties to the interlocutory applications before the court were Mr Osman Faruqi, a Sydney-based writer and public commentator, and Mr Mark Latham, a public commentator and operator of a website. Mr Faruqi brought defamation proceedings against Mr Latham, alleging that statements made in a video published on Mr Latham's website defamed him. Mr Latham filed a defence to Mr Faruqi's claim, and both parties filed interlocutory applications seeking orders striking out parts of their opponent's pleadings. Mr Latham also sought an order requiring Mr Faruqi to provide certain further particulars of his claim.

The legal issues before the court included whether parts of Mr Faruqi's statement of claim and Mr Latham's defence should be struck out pursuant to r 16.21(1) Federal Court Rules 2011 (Cth). The court also had to decide whether Mr Faruqi should be required to provide further particulars of his claim. The court found that the central hypothesis underlying Mr Latham's defence was flawed and that the pleaded facts did not raise a reasonable defence to the claim. The court found that the defences were vexatious, frivolous, evasive, ambiguous, likely to cause prejudice and embarrassment, and that they relied on a central hypothesis that was flawed. The court also found that the allegation of "abuse of process" did not raise a reasonable defence to the claim. The court concluded that the proper course was to strike out the entire defence and grant leave to re-plead.

The court dismissed Mr Latham's application to strike out parts of Mr Faruqi's statement of claim, finding that the matter was best considered after full argument at trial. The court also dismissed Mr Latham's application for further and better particulars of Mr Faruqi's statement of claim, finding that the pleadings were clear and that there was no justification for an order for further and better particulars. The court ordered that Mr Latham's defence be struck out and that leave be granted to re-plead. The court also ordered that Mr Latham pay Mr Faruqi's costs of and associated with the interlocutory applications.

The court's orders included striking out Mr Latham's defence, dismissing Mr Latham's interlocutory application filed on 11 December 2017, dismissing Mr Faruqi's interlocutory application filed on 14 December 2017, and requiring the parties to arrange for a case management hearing to be listed on the earliest date suitable to the parties and the court after 28 September 2018.