Moodie v Strachan

Case

[2013] NZHC 2951

8 November 2013


Details
AGLC Case Decision Date
Moodie v Strachan [2013] NZHC 2951 [2013] NZHC 2951 8 November 2013

CaseChat Overview and Summary

This case involves a defamation claim filed by Robert Alexander Moodie against Elizabeth Grace Strachan. The dispute stems from comments allegedly made by Strachan that were published in an article in the New Zealand Listener magazine. Strachan has applied to strike out certain parts of Moodie's defamation claim, arguing they are prejudicial, vexatious, or an abuse of process. The court must decide whether the specific paragraphs and annexures in question should be struck out under the relevant rules. The court finds that several paragraphs and annexures in Moodie's statement of claim are irrelevant, otiose, or improperly included evidential material. Specifically, paragraphs 4, 5, 9, 13, and 18, as well as parts of paragraphs 7, 8, 15, 16, and 17, are struck out. The annexures attached to the statement of claim are also struck out as they contain evidential material that does not belong in a pleading. The remainder of Strachan's application to strike out is dismissed. The court emphasizes the importance of proper pleading principles and notes that the pleadings, once amended in accordance with this judgment, will be fit for trial.
Details

Areas of Law

  • Defamation Law

  • Civil Litigation & Procedure

Legal Concepts

  • Defamation

  • Pleading Principles

  • Relevance

  • Jurisdiction

  • Limitation Periods

Actions
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Most Recent Citation
Moodie v Strachan [2015] NZHC 327

Cases Citing This Decision

4

Moodie v Strachan [2015] NZHC 327
Moodie v Strachan [2014] NZHC 1090
Moodie v Strachan [2015] NZHC 327
Cases Cited

2

Statutory Material Cited

0

Leigh v Attorney-General [2010] NZCA 624