NSW Caselaw
New South Wales District Court
CITATION: Breen v Nationwide News Pty Ltd & Ors (No. 2) [2007] NSWDC 233
EX TEMPORE JUDGMENT DATE : 19 October 2007
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
DECISION: (1) Grant the plaintiff leave to file and serve a further amended statement of claim; (2) The plaintiff pay the costs thrown away by reason of the amendment to the statement of claim; (3) Defendant's application under the Slip Rule in relation to order 2 of the judgment of 4 October 2007 is dismissed; (4) The defendant is to pay the plaintiff's costs of the argument today; (5) Orders as per paragraphs 2, 3 and 4 of the short minutes of order.
CATCHWORDS: Tort - defamation - imputations - capacity - costs
LEGISLATION CITED: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules (NSW), Part 36 r 17
Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 Breen v Nationwide News Pty Limited and Ors [2007] NSWDC 192 Brimaud v Honeysett Instant Print Pty Ltd (New South Wales Supreme Court, 19 September 1988, unreported) Cretazzo v Lombardi (1975) 16 SASR 1 CASES CITED: Favell v Queensland Newspapers Pty Limited (2005) 79 ALJR 1716 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Griffith v John Fairfax Publications (2004) NSWCA 300 Malcolm v Nationwide News Pty Limited [2007] NSWCA 254 Manning v Nominal Defendant [2000] NSWCA 80 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669
Plaintiff: Peter James Breen PARTIES: First Defendant: Nationwide News Pty Ltd Second Defendant: Janet Fife-Yeomens Third Defendant: Caroline Overington
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