Stinson v Johnson [1997] FJHC 195; Hbc0326d.94s (1 January 1997)

IN THE HIGH COURT OF FIJI
(AT SUVA)

CIVIL ACTION NO. HBC 0326 OF 1994S

BETWEEN:

PETER J.B. STINSON
Plaintiff

AND

MILES JOHNSON
Defendant

Dr. M. S. D. Sahu Khan for the Plaintiff
A. Tikaram for the Defendant

DECISION

This is an application by the Plaintiff for further and better particulars of the Defence filed on 20 August 1996.

Admirably comprehensive written submissions have been filed by both counsel and accordingly I am able to take the matter fairly shortly.

This is an action for defamation and it will be seen from paragraphs 4 and 6 that two defences are raised. The first is a plea of fair of bona fide comment on a matter of public interest while the second is a plea of justification.

Where a plea of fair comment is raised a defendant must give particulars of the facts upon which the comment is based including any fact showing that the Plaintiff has invited comment.

Arising out of paragraph 4(c) of the defence the Plaintiff has made six requests for particulars. The Defendant has declined to give particulars in answer to the first request, has answered the second and has agreed to answer the remaining four.

Where a plea of justification is advanced then a Defendant must set out either in the Defence or in particulars the specific material acts and instances on which he will rely in support of the justification pleaded. Although the Defendant accepts this to be the position it is said in answer to the requests made for particulars of paragraph 6 of the Statement of Defence that the request is itself insufficiently particularised.

In my opinion the Defendant's answer to requests arising from paragraphs 4(a), 4(b) and 4(c) (i) are well founded. The remaining requests arising out of paragraph 4(c) will be complied with by consent. I did not think there is any risk of confusion or misunderstanding resulting from the request arising under paragraph 6 has presently drafted and accordingly order the particulars as requested to be furnished within 28 days.

There will be no order as to costs.

M.D. Scott
Judge

10 January 1997.

HBC0326d.94s