Hughes v ISPT Pty Ltd (No. 2) [2010] NSWDC 282

New South Wales District Court

CITATION: Hughes v ISPT Pty Ltd (No. 2) [2010] NSWDC 282

HEARING DATE(S): 10 December 2010

JUDGMENT DATE: 10 December 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Application by the plaintiff to strike out the defence of contextual truth on the basis of Kermode is dismissed (Gibson DCJ to email judgment to the parties). (2) Costs reserved.

CATCHWORDS: TORT – defamation – application to strike out defence of contextual truth – conflicting decisions as to the interpretation of s 26 Defamation Act 2005 (NSW) in two Supreme Court decisions – impact on a defendant of loss of this defence and consequential adjournment of the trial – application refused

LEGISLATION CITED: Defamation Act 1974 (NSW), s 16 Defamation Act 2005 (NSW), s 26

Ahmed v Nationwide News Pty Ltd [2010] NSWDC 268 Corby v Channel Seven Sydney Pty Ltd (Supreme Court of NSW, 20 February 2008) CASES CITED: Creighton v Nationwide News Pty Ltd (No. 2) [2010] NSWDC 192 Hepburn v TCN Channel Nine Pty Ltd [1984] 1 NSWLR 386 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 NRMA Insurance Ltd v Amalgamated Television Services Pty Ltd (Supreme Court of New South Wales, Hunt J, 14 July 1989)

Plaintiff: Tanjhena Hughes First Defendant / Cross-Claimant: ISPT Pty Ltd (ACN 064 041 283) PARTIES: Second Defendant: Jones Lang LaSalle (NSW) Pty Ltd (ACN 002 851 925) Third Defendant: Australian Independent Retailers Pty Ltd (ACN 004 678 675) trading as Big W Cross-Defendant: Centauri Security (ABN 56 320 335 442) Second Cross-Defendant: Jones Lang LaSalle (VIC) Pty Ltd (ACN 004 582 423)