Dennis v Australian Broadcasting Corporation

[2008] NSWCA 37

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Imputations
3. › Capacity
4. › Whether television broadcast capable of conveying imputations of acquiescence
5. › Shared controlling interest and legal adviser role
6. › Defamation Act 1974 (NSW)
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Leave to amend
5. › Repeated amendments to statement of claim
6. › Whether limit reached for repleading
7. › Statutory duty to facilitate just, quick and cheap resolution
8. › Civil Procedure Act 2005 (NSW), s 56(2)
9. › Defamation Act 1974 (NSW), s 3(d)
10. › Defamation Act 2005 (NSW), s 3(d)
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Qualification of J L Holdings principles by statute
5. › Civil Procedure Act 2005 (NSW), s 56(2)

Quick Take

The statutory duty under s 56(2) of the Civil Procedure Act 2005 (NSW) to facilitate the just, quick and cheap resolution of proceedings constitutes a significant qualification of the power to grant leave to amend pleadings, and J L Holdings must now be understood as operating subject to that duty. A reference to a shared 'controlling interest' in a company, combined with a reference to a role as 'legal adviser', is capable of supporting imputations of acquiescence in the company's misconduct.