Moran v Nationwide News Pty Ltd [2007] NSWDC 230

Reported Decision : 6 DCLR (NSW) 1

New South Wales District Court

CITATION: Moran v Nationwide News Pty Ltd [2007] NSWDC 230

HEARING DATE(S): 19/10/07 EX TEMPORE JUDGMENT DATE : 19 October 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Imputations (a), (b), (c) and (d) will go to the jury, with imputation (c) as a fall-back to imputation (a); (2) The defendant pay the plaintiff's costs.

CATCHWORDS: Tort – defamation – imputations – form and capacity

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED: Malcolm v Nationwide News Pty Limited [2007] NSWCA 254 Singleton v John Fairfax (20 February 1980, Supreme Court of New South Wales, unreported)

PARTIES: Plaintiff: Michael Moran Defendant: Nationwide News Pty Ltd

FILE NUMBER(S): 3595 of 2007

COUNSEL: Plaintiff: C A Evatt / R Rasmussen Defendant: J Hmelnitsky

SOLICITORS: Plaintiff: Friend and Co Lawyers Defendant: Blake Dawson Waldron Lawyers

JUDGMENT

1. The plaintiff by way of statement of claim brings proceedings for damages for defamation for an article published in The Daily Telegraph on 26 October 2006. The words of the matter complained of are pleaded as conveying the following imputations: (a) The plaintiff took part in an alcohol incident which caused his contract to be terminated (paragraphs 1, 2, 9, 10, 11, 14 and 25). (b) The plaintiff was unfit to be a rugby league football player with South Sydney because of his consumption of alcohol (paragraphs 1, 2, 9, 10, 11, 14, 25, 38 and 39). (c) The plaintiff consumed alcohol to such an extent that his contract was terminated (paragraphs 1, 2, 9, 10, 11, 14 and 25). (d) The plaintiff has became an anti-social menace because of his consumption of alcohol (paragraphs 1, 2, 9, 10, 11, 14, 25, 38 and 39).