Palavi v Radio 2UE Sydney Pty Ltd [2009] NSWDC 238

New South Wales District Court

CITATION: Palavi v Radio 2UE Sydney Pty Ltd [2009] NSWDC 238

HEARING DATE(S): 10 September 2009 EX TEMPORE JUDGMENT DATE : 10 September 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Dismiss the application to strike out imputations (b), (c) and (d). DECISION: (2) Defendant is to pay the plaintiff's costs. (3) Matter stood over for further directions to Friday 13 November 2009 at 9:00am.

CATCHWORDS: TORT - defamation - application to strike out imputations - challenges to form and capacity

LEGISLATION CITED: Defamation Act 2005 (NSW)

Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 CASES CITED: Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 John Fairfax Publications Pty Ltd v Blake; David Syme v Blake (2001) 53 NSWLR 541 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Maitland v Nationwide News Pty Ltd [2001] NSWSC 376

PARTIES: Plaintiff: Charmyne Palavi Defendant: Radio 2UE Sydney Pty Ltd

FILE NUMBER(S): 3303 of 2009

COUNSEL: Plaintiff: Mr C A Evatt Defendant: Mr A T S Dawson

SOLICITORS: Plaintiff: D C Balog & Associates Defendant: Banki Haddock Fiora

Judgment

[1] This morning I heard argument as to the form, capacity and defamatory meaning of three of the four imputations pleaded by the plaintiff and dismissed the application to strike them out. As I have a number of matters in the list this morning, the parties kindly agreed that I could hand down my reasons for decision later today.