Fierravanti-Wells v Channel Seven Sydney Pty Ltd [2010] NSWDC 77

New South Wales District Court

CITATION: Fierravanti-Wells v Channel Seven Sydney Pty Ltd [2010] NSWDC 77

HEARING DATE(S): 7 May 2010

JUDGMENT DATE: 7 May 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Note there is no challenge to imputation (a). (2) Grant the plaintiff leave to replead imputations (b) and (d) as follows: "The plaintiff abused her entitlement to have an overseas trip by spending more than $17,000 for a study trip to Italy, because the reason she went there was not to study, but to reconnect with her heritage." (3) Imputation (h) is struck out with leave to replead. DECISION: (4) Strike out imputations (c), (e) and (f). (5) Plaintiff pay the defendant's costs. (6) Plaintiff to file amended statement of claim in 7 days. (7) Matter stood over for further directions to Friday 21 May 2010 at 9:00am.

CATCHWORDS: TORT - defamation - imputations - form and capacity

Baker v Nightingale [2008] NSWDC 103 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Field v John Fairfax Publications Ltd [2004] NSWSC 1285 Grubb v Bristol United Press Ltd [1963] 1 QB 309 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 CASES CITED: Kriss v John Fairfax Publications Ltd [2003] NSWSC 319 Lewis v Daily Telegraph [1964] AC 234 Morosi v Mirror Newspapers Ltd [1977] 2 NSWLR 749 Morris v Newcastle Newspapers Pty Ltd [1985] 1 NSWLR 260 O'Shane v John Fairfax Publications [2004] NSWSC 140 Viney v TCN Channel Nine Pty Ltd [2006] NSWSC 1273 Young v Munro (Supreme Court of NSW, 12 May 1995, unreported)