Isaac Moses v Sam Ayoub [2007] NSWDC 172

New South Wales District Court

CITATION: Isaac Moses v Sam Ayoub [2007] NSWDC 172

HEARING DATE(S): 10 August 2007

JUDGMENT DATE: 10 August 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: 1. Strike out the pleading in the proposed paragraph 2 concerning extrinsic facts, with leave to replead; 2. Imputation (b) to be pleaded as a fall back to imputation (a); 3. Imputations (d) and (e) are capable of being conveyed; 4. Note parties dispense with a jury; 5. The plaintiff is to pay the defendant's costs of the argument today and the costs thrown away by reason of amendment to Statement of Claim; 6. Stood over for further directions to Friday 24 August 2007 at 9:00am.

CATCHWORDS: Defamation - pleadings - imputations - true innuendo - natural and ordinary meaning

LEGISLATION CITED: Defamation Act 2005 (NSW)

Drummond- Jackson v British Medical Association [1970] 1 All ER 1094 FAI General Insurance Co Ltd v RAIA Insurance Brokers Ltd (1992) 108 ALR 479 Jones v Skelton [1963] 1 WLR 1362 CASES CITED: Kazi Zafar Ahmed v John Fairfax Publications Pty Limited [2006] NSWCA 6 Mirror Newspapers Limited v World Hosts Pty Ltd (1979) 141 CLR 632 Nixon v Slater and Gordon (2000) Aust Torts Rep [81-565] Tolley v Fry [1931] AC 333

PARTIES: Plaintiff: Isaac Moses Defendant: Sam Ayoub

FILE NUMBER(S): 2753 of 2007

COUNSEL: Plaintiff: M K Rollinson Defendant: S M Littlemore QC

SOLICITORS: Plaintiff: Carters Law Firm Defendant: Shad Partners Solicitors

Introduction 1. This is an application to strike out imputations pleaded as arising from a publication on 22 November 2006 which is the subject matter of defamation proceedings commenced by statement of claim filed on 28 June 2007. The provisions of the Defamation Act 2005 (NSW) apply.