Brown v Nationwide News Pty Ltd & Anor [2008] NSWDC 26

New South Wales District Court

CITATION: Brown v Nationwide News Pty Ltd & Anor [2008] NSWDC 26 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 October 2007 and 8 February 2008

JUDGMENT DATE: 7 March 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Imputations 4(a), 4(b), 4(d), 4(g), 6(a) and 6(b) will go to the jury. (2) Imputations 4(c), 4(f), 6(c), 6(d) and 6(f) struck out with leave to replead. (3) Imputations 4(e) and 6(e) struck out. DECISION: (4) Dismiss the second defendant's application concerning the pleadings of paragraphs 5, 7 and 8A-8C. (5) The plaintiff pay the defendants' costs of the following: (a) The argument concerning capacity; (b) The costs thrown away by reason of amendments to the Statement of Claim; and (c) The costs of the hearing on 22 November 2007. (6) The second defendant pay the plaintiff's costs for the application to strike out paragraphs 5, 7 and 8A-8C of the Statement of Claim. (7) Dismiss the second defendant's claim for costs to be assessable forthwith.

CATCHWORDS: Torts - defamation - form and capacity - publication and republication - slander by conduct and "dramatic pantomime" - whether slander by conduct suitable for separate trial on capacity - costs

Civil Procedure Act 2005 (NSW), ss.56-62 Defamation Act 1974 (NSW), s.9(2) Defamation Act 2005 (NSW), ss.8 and 40 LEGISLATION CITED: District Court Rules 1973 (NSW), Part 49 Fair Trading Act 1987 (NSW), s.42 Trade Practices Act 1974 (Cth), s.52 Uniform Civil Procedure Rules 2005 (NSW), Part 14.30, 14.31(2), 14.32 and 14.33