NSW Caselaw
New South Wales District Court
CITATION: Ainsworth v Free Media Pty Ltd [2009] NSWDC 144
HEARING DATE(S): 19 June 2009
JUDGMENT DATE: 19 June 2009
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Imputations (a), (b), (c), (d), (e), (k) and (m) struck out. (2) Imputations (f), (g), (h), (i), (j) and (l) are capable of being conveyed and having a defamatory meaning. DECISION: (3) Leave to the plaintiff to file an amended statement of claim in 14 days including a general right of leave to amend in relation to the imputations. (4) The plaintiff pay the defendant's costs of the imputations argument. (5) Decline to make a lump sum order for costs concerning the plaintiff's costs of the motion for summary judgment and direct the plaintiff to prepare a bill in assessable form in the usual way. (6) These proceedings stood over for further directions to Friday 17 July 2009 at 9:00am.
CATCHWORDS: TORT - defamation - imputations - capacity - costs
LEGISLATION CITED: Defamation Act 2005 (NSW)
Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473 CASES CITED: Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Favell v Queensland Newspapers Ltd (2005) 22 ALR 186 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293
PARTIES: Plaintiff: Phillip Ainsworth Defendant: Free Media Pty Ltd
FILE NUMBER(S): 4674 of 2008
COUNSEL: Plaintiff: Mr M McCall Defendant: Mr A Kumar
SOLICITORS: Plaintiff: Liston & Clifton Defendant: Stuart Cook & Braham
Judgment
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