NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Whitehall v Oxborough [2020] NSWDC 781 Hearing dates: 3 December 2020 Date of orders: 15 December 2020 Decision date: 18 December 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to file the amended Defence, save for the defences of justification and contextual truth at paragraphs 15, 16 and 17, which I struck out with leave to replead by 17 December 2020. (2) Reserve the issues of costs. Catchwords: TORT – defamation Legislation Cited: Defamation Act 2005 Cases Cited: Chau v The Australian Broadcasting Corporation [2019] FCA 1856 Fogarty v Nationwide News Pty Ltd [2013] WASC 477 Gobban v WA Newspapers [1968] WAR 113 Heytsbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Kingsfield Holdings Pty Ltd v Sullivan Commercial Pty Ltd [2013] WASC 347 MacDonald v Australian Broadcasting Corporation [2014] NSWSC 1472 McCauley v John Fairfax (1933) SR (NSW) 339 Penton v Calwell (1945) 70 CLR 219 Peters v Bradlaugh (1884) 4 TLR 467 Saraceni v Mentha [2013] WASC 95 Category: Procedural and other rulings Parties: Plaintiff: Mr Nathaniel Whitehall Defendant: Mr Terry Oxborough Representation: Counsel: Plaintiff: Mr N G Olson Defendant: Mr B Goldsmith (Solicitor)
Solicitors: Plaintiff: Mr Whitehall (Self-represented) Defendant: Mr B Goldsmith, Goldsmith Lawyers File Number(s): 2020/121692
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