NSW Caselaw
New South Wales District Court
CITATION: PK v BV [2008] NSWDC 292
HEARING DATE(S): 8 December 2008 EX TEMPORE JUDGMENT DATE : 8 December 2008
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Defendant's defence is struck out and dismissed. DECISION: (2) The defendant is to pay the plaintiffs' costs. (3) Until further order, an order that the names of the parties and any identifying factors not be published and that any publication in this court use a pseudonym PK for the first plaintiff, AK for the second plaintiff and BV for the defendant, and that the proceedings hereafter be known as PK v BV.
CATCHWORDS: DEFAMATION - defences - application to strike out defences of truth and contextual truth - inadequate particulars - offer to make amends - failure to comply with s 15 or to make a genuine apology - defences struck out
Defamation Act 1974 (NSW), s 16 LEGISLATION CITED: Defamation Act 2005 (NSW), ss 14, 15, 25, 26 and 33 Uniform Civil Procedure Rules 2005 (NSW), Part 36 r 16
Cohen v Mirror Newspapers Ltd [1971] 1 NSWLR 623 Cross v Queensland Newspapers Pty Ltd [2008] NSWCA 80 Herald & Weekly Times Ltd & Bolt v Popovic [2003] VSCA 161 Howden v Truth and Sportsman Ltd (1937) 58 CLR 416 CASES CITED: Howden v Truth and Sportsman Ltd (No 2) (1938) 38 SR (NSW) 287 John Fairfax Publications Pty Ltd v Zunter [2006] NSWCA 227 Searle v Mirror Newspapers Ltd [1974] 1 NSWLR 180 (CA) Trantum v McDowell [2007] NSWCA 138 Whelan v John Fairfax [2002] NSWCA 1028; (2002) 56 NSWLR 89
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