Hennessy v Lynch (No. 2) [2006] NSWDC 49

New South Wales District Court

CITATION: Hennessy v Lynch (No. 2) [2006] NSWDC 49

HEARING DATE(S): 6 October 2006

JUDGMENT DATE: 13 October 2006

JUDGMENT OF: Gibson DCJ

DECISION: Imputation 9(a) struck out; all other imputations for each of the four publications are to go to the jury.

CATCHWORDS: Defamation - imputations - pleading and procedure

LEGISLATION CITED: Defamation Act 1974 (NSW)

Angel v H M Bushell & Co [1968] 1 QB; Borella v Penfolds Pty Limited (1992) 7 WAR 492 Cox & Lee (1869) LR 4; Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR ; Farquhar v Bottom [1980] 2 NSWLR; CASES CITED: Hepburn v TCN Channel 9 Pty Limited (1983) 2 NSWLR; John Fairfax Publications Pty Limited v Rivkin (2003) 77 ALJR 1657; Kemsley v Foot [1952] AC 357; Kriss v John Publications Pty Limited [2006] NSWSC 758; Simosi v John Fairfax Publications Pty Limited [2004] NSWCA 176; Whittington v Gladwin 1825 5 BNC 180.

PARTIES: Paul James Hennessy (plaintiff) John Lynch (defendant)

FILE NUMBER(S): 2288/06

COUNSEL: J H Young (plaintiff) R Weaver (defendant)

SOLICITORS: Shaw McDonald (plaintiff) John Lynch (defendant)

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JUDGMENT

1 The plaintiff brings proceedings for defamation arising from four publications alleged to have been made by the defendant to an employee of the plaintiff, a Mr Hasler, in the course of conversations. The first of these is dated 6 October 2000. The conversation that is alleged to have occurred took place is as follows: "On or about 6 October 2000, the Defendant said to Hasler, "I am going to give you a hard time because you work for Hennessy."