NSW Caselaw
New South Wales District Court
CITATION: Ahmed v Nationwide News Pty Limited [2010] NSWDC 268
HEARING DATE(S): 5 November 2010
JUDGMENT DATE: 29 November 2010
JURISDICTION: Civil
JUDGMENT OF: Bozic SC DCJ
1.The plaintiff's application to amend the statement of claim is dismissed. DECISION: 2.The costs of the application are reserved. 3.If there is legislative amendment of the Defamation Act 2005 or an appeal in Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 is successful the plaintiff has liberty to restore the matter to the list on three days notice to make a fresh application.
CATCHWORDS: TORTS - defamation - whether plaintiff should be permitted to amend statement of claim to 'plead back' defendant's contextual imputations - degree of injustice suffered if amendment permitted
LEGISLATION CITED: Civil Procedure Act 2005 Defamation Act 2005
Australian Securities Commission v Marlborough Goldmines Ltd (1993) 177 CLR 485 Creighton v Nationwide News Pty Limited (No 2) [2010] NSWDC 192 Fernando v Commissioner of Police (1995) 36 NSWLR 567 CASES CITED: Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308 Telstra Corporation Limited v Treloar [2000] FCA 1170 Walton v Gardiner (1993) 177 CLR 378
PARTIES: Rafiq Ahmed (plaintiff) Nationwide News Pty Limited (defendant)
FILE NUMBER(S): 2010/99482
COUNSEL: Mr R Rasmussen (plaintiff) Mr D Sibtain (defendant)
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