Hunt v Radio 2SM Pty Ltd [2009] NSWDC 236

New South Wales District Court

CITATION: Hunt v Radio 2SM Pty Ltd [2009] NSWDC 236

HEARING DATE(S): 10 September 2009 EX TEMPORE JUDGMENT DATE : 10 September 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Grant leave to the plaintiff to add the words "by an investigator" to imputation (d) to read "The Plaintiff so misconducted himself as general manager of the Council that he is being investigated by an investigator." (2) Grant leave to the plaintiff to add the words "by an investigator" to imputation (h) to read "The Plaintiff is being investigated about how he funds his developments by an investigator." (3) Grant leave to the plaintiff to amend imputation (l) to delete the balance of the imputation so it reads: "The Plaintiff is a low life." (4) Grant leave to the plaintiff to delete the word "corrupt" from imputation (k). DECISION: (5) The plaintiff withdraws imputation (m). (6) Grant leave to the plaintiff to amend imputation (o) to read "The plaintiff rides roughshod with Councillors and builds developments for his own financial gain." (7) Plaintiff to file and serve amended statement of claim in 7 days. (8) Defendant to file and serve Defence 28 days thereafter. (9) Defendant is to pay the plaintiff's costs. (10) Matter stood over for further directions to Friday 13 November 2009 at 9:00am.

CATCHWORDS: TORT - defamation - defendant's application to strike out imputations - challenges to form and capacity