Moses v State of New South Wales (No. 2) [2009] NSWDC 99

New South Wales District Court

CITATION: Moses v State of New South Wales (No. 2) [2009] NSWDC 99

HEARING DATE(S): 21 May 2009

JUDGMENT DATE: 21 May 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Grant leave to the plaintiffs to file Further Amended Statement of Claim in court. (2) The plaintiffs to pay the defendant's costs thrown away by reason of the amendment. (3) Grant leave to withdraw imputation 4(a). (4) Imputation 6(c) struck out. DECISION: (5) The plaintiffs to file a First Further Amended Statement of Claim as follows: (a) deleting imputations 4(a) and 6(c); (b) omitting "where he was charged" and "charge" from paragraph 6D; (c) inserting the word "first" before "plaintiff" in paragraph 5A. (6) Defendant's application for particulars of publication to be verified refused. (7) The plaintiffs pay the defendant's costs of this application. (8) Orders in accordance with the Short Minutes of Order filed in court. (9) Stood over for further directions to Friday 11 September 2009 at 9:00am.

CATCHWORDS: Tort - defamation - whether imputations differ in substance - application for particulars of publication to be verified where plaintiffs cannot identify by name persons who heard the words alleged to be spoken

Boyd v Mirror Newspapers Ltd [1980] 2 NSWLR 450 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 CASES CITED: Lazarus v Deutsche Lufthansa (1985) 1 NSWLR 188 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Moses v State of New South Wales [2009] NSWDC 74 Singleton v John Fairfax & Sons Ltd (Supreme Court of NSW, Hunt J, 20 February 1980, unreported)