Moses v State of New South Wales (No. 2)

The plaintiffs brought an action against the defendant in relation to alleged defamatory statements. The case was heard by the Supreme Court of New South Wales. The plaintiffs alleged that the defendant had made defamatory statements which had been published to a number of people, but they were unable to identify by name those who had heard the statements. The defendant sought particulars of publication to be verified, but the plaintiffs argued that they were unable to provide such particulars as they did not know the names of those who had heard the statements. The court was required to determine whether the plaintiffs were required to provide particulars of publication, and if so, what the appropriate form of those particulars should be.

The court considered the relevant law in relation to defamation actions, including the requirement for particulars of publication. The court noted that in defamation cases, the plaintiff must identify the persons to whom the defamatory imputations were made, unless it is not reasonably practicable for them to do so. The court held that it was not reasonably practicable for the plaintiffs to identify the persons to whom the defamatory imputations were made, as they did not know the names of those who had heard the statements. The court also held that the plaintiffs were not required to provide particulars of publication in the form sought by the defendant, as the defendant had not demonstrated that the particulars were necessary for the fair administration of justice.

The court granted leave to the plaintiffs to file a further amended statement of claim, and ordered that certain imputations be struck out and others be deleted. The court refused the defendant's application for particulars of publication to be verified, and ordered that the plaintiffs pay the defendant's costs of the application. The court made further orders in relation to the conduct of the proceedings, including setting a date for further directions.