Massarani v Kriz

[2020] NSWCA 252

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary dismissal
3. › Defamation proceedings
4. › Striking out pleading for failure to disclose reasonable cause of action
5. › Refusal of leave to replead
6. › Relevance of proportionality considerations to discretion to grant leave to replead
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4(1)(b), 14.28
8. › Civil Procedure Act 2005 (NSW), ss 60, 64
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Summary dismissal in District Court
5. › Whether issue of principle raised
6. › Whether proposed appeal appropriate occasion for appellate consideration of proportionality principle
7. › District Court Act 1973 (NSW), s 127(2)
1. Defamation
2. › Publication
3. › Online publication
4. › Residual claims
5. › Whether archived online article downloaded within limitation period
6. › Whether pleading disclosed reasonable cause of action
7. › Limitation Act 1969 (NSW), s 14B

Quick Take

The Court held that proportionality considerations (disproportion between resources required and interest at stake) are a permissible factor in the discretion to refuse leave to replead, even where the Bleyer proportionality principle is not the sole basis for dismissal.