Ann-Marie Clarke & Anor v Melbourne University Publishing Ltd trading as Melbourne University Press [2007] NSWDC 189

New South Wales District Court

CITATION: Ann-Marie Clarke & Anor v Melbourne University Publishing Ltd trading as Melbourne University Press [2007] NSWDC 189

HEARING DATE(S): 14/09/07

JUDGMENT DATE: 21 September 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Note imputations 2(c) and 2(f) have been withdrawn; (2) Imputations 2(a), 2(b), 2(d) and 2(e) are to go to the jury; (3) Parties have leave to bring in Short Minutes of Order for a fresh timetable for the conduct of these proceedings; (4) Defendant pay two-thirds of the plaintiff's costs.

CATCHWORDS: Tort - defamation - imputations - capacity - bane and antidote - role of context

LEGISLATION CITED: Defamation Act 2005 (NSW)

Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 John Fairfax Publications Pty Ltd v ACP Publishing Pty Ltd [2005] ACTCA 12 CASES CITED: John Fairfax Publications Pty Ltd v Rivkin (2003) 77 ALJR 1657 Malcolm v Nationwide News Pty Ltd [2007] NSWCA 254 Nevill v Fine Arts & General Insurance Co Ltd [1897] AC 68 Smyth v MacKinnon [1897] 24 R 1086

First Plaintiff: Ann-Marie Clarke PARTIES: Second Plaintiff: Caroline Clarke Defendant: Melbourne University Publishing Ltd t/a Melbourne University Press

FILE NUMBER(S): 2788 of 2007

COUNSEL: Plaintiffs: C A Evatt Defendant: L McCallum SC

SOLICITORS: Plaintiffs: Goddard & Co Defendant: Frankel Lawyers

Judgment

1. The plaintiffs by way of statement of claim seek damages for defamation for the publication by the defendant of a book "The Education of a Young Liberal" in or about July 2006.