FEDERAL COURT OF AUSTRALIA
Hanson-Young v Leyonhjelm [2018] FCA 1688
File number: NSD 1370 of 2018 Judge: WHITE J Date of judgment: 7 November 2018 Catchwords: PRACTICE AND PROCEDURE – application to strike out Statement of Claim under r 16.21 of the Federal Court Rules 2011 (the FCR) – claim that the defamatory imputations are pleaded as “particulars” rather than “substantive averments” – pleading sufficiently discloses the case that the Respondent must meet at trial and discloses a reasonable cause of action – application dismissed.
PRACTICE AND PROCEDURE – application to strike out Statement of Claim under r 16.21(1) of the FCR – pleading states that further particulars relating to the extent of publication and republication will be provided after discovery and interrogatories – application to strike out because the Applicant has not yet made an application for discovery or for leave to interrogate – application dismissed.
PRACTICE AND PROCEDURE – application for stay or dismissal of proceedings due to a likely breach of s 16(1)(3) of the Parliamentary Privileges Act 1987 (Cth) (the PP Act) – no breach of the PP Act involved in the Court hearing and determining whether words attributed by the Respondent to the Applicant formed part of “proceedings in Parliament”.
Legislation: Constitution s 49
Parliamentary Privileges Act 1987 (Cth) ss 10, 16
Federal Court Rules 2011 (Cth) rr 16.02, 16.03, 16.21, 16.41, 20.12, 21.01
Cases cited: Amann Aviation Pty Ltd v Commonwealth of Australia (1988) 19 FCR 223
Beach Petroleum NL v Johnson (1991) 105 ALR 456
Bracks v Smyth‑Kirk [2008] NSWSC 930
Carrigan v Honourable Senator Michaelia Cash [2016] FCA 1466
Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86
Egan v Willis [1998] HCA 71; (1998) 195 CLR 424
Faruqi v Latham [2018] FCA 1328
Goodfellow v Fairfax Media Publications Pty Ltd [2017] FCA 1152
R v Associated Northern Collieries [1910] HCA 61, (1910) 11 CLR 738
Rann v Olsen [2000] SASC 83; (2000) 76 SASR 480
Rush v Nationwide News Pty Ltd [2018] FCA 357
Saunders v Jones (1877) 7 Ch D 435
Trkulja v Google LLC [2018] HCA 25; (2018) 356 ALR 178
Wing v The Australian Broadcasting Corporation [2018] FCA 1340
Date of hearing: 18 October 2018 Registry: New South Wales Division: General Division National Practice Area: Other Federal Jurisdiction Category: Catchwords Number of paragraphs: 59 Counsel for the Applicant: Ms S Chrysanthou with Mr B Dean Solicitor for the Applicant: Kennedys Counsel for the Respondent: Mr KE Stoyle Solicitor for the Respondent: Sterling Law
Table of Corrections 12 November 2018 In the Appearances on the cover page in the field Counsel for the Applicant the words “with Mr B Dean” after “Ms S Chrysanthou” have been added. ORDERS
NSD 1370 of 2018 BETWEEN: SARAH HANSON-YOUNG
Applicant
AND: DAVID EAN LEYONHJELM
Respondent
JUDGE:
WHITE J
DATE OF ORDER:
7 NOVEMBER 2018
THE COURT ORDERS THAT:
1.The Respondent’s Amended Interlocutory Application of 11 October 2018 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32…
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- AGLC
- Hanson-Young v Leyonhjelm [2018] FCA 1688
- Case
- [2018] FCA 1688
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defamatory imputations were adequately pleaded as substantive averments and not merely particulars, and whether the proceedings complied with the Parliamentary Privileges Act 1987 (Cth). Additionally, the court had to consider if there was a valid basis for striking out the claim or staying the proceedings due to potential breaches of parliamentary privilege.
The court dismissed the application to strike out the Statement of Claim, finding that it sufficiently disclosed the case that the respondent must meet at trial and presented a reasonable cause of action. The court also determined that there was no breach of the Parliamentary Privileges Act involved in the court hearing and determining the matter, and that the proceedings were not affected by parliamentary privilege. Consequently, the application for a stay or dismissal of the proceedings was also dismissed.
The final orders of the court were that the respondent's Amended Interlocutory Application of 11 October 2018 was dismissed, and the case proceeded as scheduled. The entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The Respondent’s Amended Interlocutory Application of 11 October 2018 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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