Janine Sax v Sheryl McLay [2016] NZDC 17761

Published 10 January 2017

Defamation — strike out — Kerr v Haydon [1981] 1NZLR 449 — Attorney-General v Prince and Gardner [1998] 1 NZLR 262, 267. A defamation pleading was struck out as it could not possibly succeed ("Attorney-General v Prince"). The high threshold for strike out was met as the statement of claim failed to state the actual words used which were allegedly defamatory. "Kerr" was authority that this common law requirement was a part of New Zealand law. It also appeared on the evidence that the specific words used were never recorded. The pleading was therefore defective, incapable of remedy, and accordingly struck out. Judgment Date: 15 September 2016.

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