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Court refuses application for trial of preliminary issues in defamation proceedings
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High Court refuses the seventh defendant's application for an order for the trial of four preliminary issues in defamation proceedings, on the grounds that: (a) the application in relation to the Statute of Limitations argument was premature in light the state of the pleadings and the absence of agreement or concession on the facts; (b) the seventh defendant had not identified issues which were sufficiently concise and capable of a clear answer to justify making the order sought; and (c) the Court was not convinced that there would be significant saving of time and expense.
Application by the seventh named defendant for an order directing the preliminary trial of four issues - these were: (a) whether the plaintiff’s claim in defamation or conspiracy to defame is barred by reason of the provisions of the Statute of Limitations, 1957 (as amended); (b) whether the plaintiff’s claim relating to damage to reputation by lawful means conspiracy is unstateable, unknown to the law and/or an abuse of process; (c) whether the plaintiff’s claim for breach of confidence and criminal wrongs is scandalous and vexatious and/or inadequately pleaded and by reason of same ought to be struck out; and (d)whether the plaintiff’s claim against the seventh defendant ought to be struck out as disclosing no cause of action or, in the alternative, as being frivolous, vexatious and an abuse of process - the application to have (c) and (d) determined was not substantive and was aimed at having the matters dealt with together - the plaintiff alleges that the defendants were responsible for dissemination of information and communications which amount to defamation, conspiracy to cause the plaintiff damage by lawful and unlawful means and breach of confidence and seeks compensatory, aggravated, punitive and exemplary damages - whether there were an agreed state of facts to determine the application on the Statute of Limitations point - whether there would be a significant saving of court time and expense by directing the trial of the preliminary issue - application refused - C
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