BANKRUPTCY - plaintiff bankrupt at time of publication of defamatory articles by defendants and at time of commencement of proceedings - whether plaintiff had standing to bring proceedings including claim for special damages - whether right to prosecute action vested in trustee in bankruptcy
PRACTICE AND PROCEDURE - issue of plaintiff's standing to bring proceedings not pleaded in defence - application brought after conclusion of jury trial and hearing as to damages for leave to re-open proceedings to submit plaintiff had no standing - need to amend defence - factors relevant to exercise of discretion to grant leave to re-open case
DEFAMATION - damages - approach to assessment where defendants successful in establishing truth of some of plaintiff's imputations and contextual imputations - claim for economic loss - whether caused by publication of matter complained of - aggravated damages
Case Details
Citation[2013] NSWSC 933
CourtNSWSC
JurisdictionNew South Wales
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