TORT — defamation — three successive statements of claim drafted by litigant in person fail to set out a properly pleaded and particularised case in defamation — defendants' application under UCPR r 12.2 for summary dismissal — whether additional claims for assault should also be dismissed on the basis of the trivial nature of any injury — need for caution in summary dismissal application where the party in default is a litigant in person, the issues of law are complex, there are no actual failures to comply with timetables and the claim is not unmeritorious on its face — application for summary dismissal refused — challenge to form and capacity of imputations — challenges to pleading of liability for publication, identification and particulars of downloading — substantial repleading of claim necessary — costs of the amendment and argument to be paid by the plaintiff on the ordinary basis but to be assessed forthwith
Case Details
Citation[2015] NSWDC 134
CourtNSWDC
JurisdictionNew South Wales
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