David Clarke v Melbourne University Publishing Ltd t/a Melbourne University Press [2007] NSWDC 209

New South Wales District Court

CITATION: David Clarke v Melbourne University Publishing Ltd t/a Melbourne University Press [2007] NSWDC 209 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 October 2007 EX TEMPORE JUDGMENT DATE : 3 October 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Imputations (a), (d), (e), (f) and (g) will go to the jury; (2) Imputation (b) is struck out; (3) The defendant is to pay half the plaintiff's costs of this application; (4) Defence by 12 October 2007; (5) Reply if any to be served by 19 October 2007; (6) Discovery with verification by 2 November 2007; (7) Interrogatories by 18 November 2007; (8) Verified answers to interrogatories by 30 November 2007; (9) Matter stood over for further directions to 30 November 2007.

CATCHWORDS: Tort - defamation - imputations - form and capacity

Defamation Act 1974 (NSW) LEGISLATION CITED: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005, Pt 14 r 28

Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Ann-Marie Clarke and Anor v Melbourne University Publishing Limited t/a Melbourne University Press [2007] NSWDC 189 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Feros v West Sydney Radio Pty Ltd (Court of Appeal, 22nd June, 1982, unreported) CASES CITED: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hepburn v TCN Channel Nine Pty Limited [1983] 2 NSWLR 682 Malcolm v Nationwide News Pty Limited [2007] NSWCA 254 Morosi v Mirror Newspapers Ltd [1977] 2 NSWLR 749 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669