NSW Caselaw
New South Wales District Court
CITATION: Karandonis v Nationwide News Pty Ltd [2009] NSWDC 166
HEARING DATE(S): 2 July 2009
JUDGMENT DATE: 2 July 2009
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Plaintiff's imputations (a)-(f) and proposed alternatives (g)-(j) are struck out with leave to replead. (2) Reserve the position of the plaintiff and second defendant in relation to this application. DECISION: (3) Plaintiff pay first defendant's costs. (4) Amended Statement of Claim in 7 days. (5) Judge Gibson to email reasons for decision to parties later today. (6) Matter stood over for further directions to Friday 17 July 2009 at 9:00am in the Defamation List.
CATCHWORDS: TORT - defamation - capacity - all imputations struck out as incapable of arising
LEGISLATION CITED: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.2
Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6 Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Gillespie v Nationwide News Pty Ltd [2002] NSWSC 553 CASES CITED: Griffith v John Fairfax Publications [2004] NSWCA 300 Ma Ching Kwan v John Fairfax Publications Pty Ltd (NSW Court of Appeal, 30 July 1998, unreported) Malcolm v Nationwide News Pty Ltd (2007) Aust Torts Rep 81-915; [2007] NSWCA 254 Marsden v Amalgamated Television Services Pty Ltd (1998) 43 NSWLR 158 Woodward v Australian Broadcasting Corporation (Supreme Court of NSW, Levine J, 27 June 1996, unreported)
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