NSW Caselaw
New South Wales District Court
CITATION: Ahmed v News Digital Media Pty Ltd [2010] NSWDC 184 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 20 August 2010
JUDGMENT DATE: 20 August 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Subject to order 2, application to strike out imputations (a) – (f) dismissed. (2) The plaintiff is to file and serve by 4 p.m. Wednesday 25 August 2010 an amended statement of claim pleading imputations (c) and (d) as alternatives. DECISION: (3) The defendant is to pay the plaintiff's costs. (4) Defence to the amended statement of claim to be filed and served by 4 p.m. Thursday 9 September 2010. (5) These proceedings to be listed for directions for the hearing of the consolidation motion and the Court's own motion to dispense with the jury at a time convenient to the Defamation List Judge. (6) Note that the Notice of Motion is, at the request of the parties, technically part heard before Gibson DCJ but that any consolidation argument may not be brought for some time and the parties have liberty to apply before any other judge of this court as they see fit.
CATCHWORDS: TORT - defamation - imputations - form and capacity
LEGISLATION CITED: Defamation Act 2005 (NSW)
Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6 Ahmed v Nationwide News Pty Ltd [2010] NSWDC 183 CASES CITED: Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 Forrest v Askew [2007] WASC 161 Hill v Westfield [2003] NSWSC 437
PARTIES: Plaintiff: Rafiq Ahmed Defendant: News Digital Media Pty Ltd
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