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Spiteri case proceeds against Nine

A Federal Court judge has declined Nine’s application to have the case brought by former reporter Christine Spiteri dismissed.

But Justice Richard Edmonds has noted “a number of inherent inconsistencies” and ordered her legal team to amend her statement of claim.

Nine had applied to have the case thrown out before it went to trial on the basis Ms Spiteri “had no reasonable prospects of successfully prosecuting the proceedings”.

“I propose to make orders striking out a number of pleadings and claims in the statement of claim … and for the applicant to amend others that I have identified,” Justice Edmonds said in his judgement.

“I propose to give the applicant leave to re-plead those pleadings and claims that are struck out.

“Once the amended statement of claim is filed and served, the respondent should file and serve its defence.”

Spiteri, 40, is seeking damages of more than $500,000 from Nine in relation to breach of contract and trade practices claims. It follows her unlawful discrimination complaint which was terminated by the Human Rights and Equal Opportunity Commission.

The same judge has previously commented that “the pleading leaves a lot to be desired.”

Spiteri’s solicitor said the claim remained on track.

The parties return to court on July 18.

Source: news.com.au

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