District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Randell v McLachlain [2022] NSWDC 506 Hearing dates: 18 October 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff’s concerns notice struck out; proceedings dismissed.
(2) The plaintiff is to pay the defendant’s costs of the proceedings, with liberty to apply.
Catchwords: TORT - defamation - plaintiff serves concerns notices for a publication on Facebook - defendant’s solicitors seek further and better particulars - plaintiff commences proceedings - defendant brings an application for dismissal of the proceedings on the basis that the concerns notice is invalid - whether the particulars of serious harm were specified with sufficient particularity - whether the notice failed to specify a location where the matter could be accessed whether reasonable answers to a request for particulars had been provided - whether, if the concerns notice was valid, the statement of claim should be struck out for insufficient particularisation of serious harm and/or failure to provide particulars of downloading - proceedings struck out and dismissed
Legislation Cited: Defamation Act 2005 (NSW) ss 3(d), 10A, 12A, 12B
Legal Profession Uniform Law Application Act 2014 (NSW)
Uniform Civil Procedure Rules 2005 (NSW) rr 14.30 and 15.19
Cases Cited: Associated Newspapers Ltd v Dingle [1962] 2 All E R 737, [1964] AC 371
Banks v Cadwalladr [2022] EWHC 1417 (QB)
Bazzi v Dutton [2022] FCFCA 84
Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575
Economou v De Freitas [2016] EWHC 1218 (QB)
Inserve Australia Ltd & Ors v Kinane [2018] QCA 116
Jenman v McIntyre [2013] NSWSC 1100
Johnson v McArdle [2020] EWHC 644 (QB)
Lachaux v Independent Print Limited [2016] QB 402
Lachaux v Independent Print Ltd; Lachaux v Evening Standard Ltd [2019] 4 All ER 485
Massarani v Kriz [2022] FCA 80
McCarey v Associated Newspapers Ltd (No 2) [1965] 2 QB 86
McDonald v Dods [2017] VSCA 129
Napag Trading Ltd v Gedi Gruppo Editoriale S.p.A [2020] EWHC 3034 (QB)
Newman v Whittington [2022] NSWSC 249
Prospect Resources Ltd v Molyneux [2015] NSWCA 171
Rader v Haines [2022] NSWCA 198
Ruta v Department for Work and Pensions [2022] EWHC 1535 (QB)
Scott v Jones & Anor [2002] NSWSC 210
Sims v Jooste (No 2) [2016] WASCA 83
Southern Cross Mine Management Pty Ltd v Ensham Resources Pty Ltd [2004] QSC 457
Stocker v Stocker [2019] UKSC 17
The Baptist Union of New South Wales v Georges River Council [2017] NSWSC 347.
Toomey v John Fairfax & Sons Ltd (1985) 1 NSWLR 291
Wright v McCormack [2021] EWHC 2671 (QB)
Texts Cited: Council of Attorneys-General Review of the Model Defamation Provisions - Background Paper, December 2019
Category: Procedural rulings Parties: Plaintiff: Mandi Randell
Defendant: Karina McLachlainRepresentation: Counsel:
Solicitors:
Plaintiff: Mr N Olson
Defendant: Mr T Smartt
Plaintiff: Centennial Lawyers
File Number(s): 2022/230949
Judgment
The plaintiff brings proceedings for defamation
-
The plaintiff has commenced proceedings for…
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- AGLC
- Randell v McLachlain [2022] NSWDC 506
- Case
- [2022] NSWDC 506
- Decision Date
CaseChat Overview and Summary
The court held that the concerns notice did not specify the particulars of serious harm with sufficient particularity. The court found that the concerns notice did not provide a detailed description of the harm alleged to have been caused by the publication. The court also held that the concerns notice did not specify a location where the matter could be accessed. The court found that the concerns notice did not provide a clear and specific indication of where the publication could be found. The court held that the concerns notice was invalid and that the proceedings should be dismissed. The court further held that, even if the concerns notice had been valid, the statement of claim was insufficiently particularised and should be struck out.
The proceedings were struck out and dismissed. The court ordered that Randell's concerns notice be struck out and that the proceedings be dismissed. The court also ordered that Randell pay McLachlain's costs of the proceedings, with liberty to apply.
Orders
Orders of the court
(1) Plaintiff’s concerns notice struck out; proceedings dismissed.
(2) The plaintiff is to pay the defendant’s costs of the proceedings, with liberty to apply.
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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