Baker v Nightingale [2008] NSWDC 103

New South Wales District Court

CITATION: Baker v Nightingale [2008] NSWDC 103 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 June 2008

JUDGMENT DATE: 6 June 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

1. Defendants' application to strike out imputations (a) and (b) as deficient in form dismissed. 2. The plaintiff pay the defendants' costs thrown away by reason of amendments to the Statement of Claim. DECISION: 3. Defendants pay two thirds of the plaintiff's costs of the argument today. 4. Gibson DCJ's reasons for judgment to be forwarded to the parties by email. 5. Matter stood over for further directions to Friday 8 August 2008 at 9:00am.

CATCHWORDS: TORT - defamation - imputations - objections to form - Defamation Act 2005 (NSW)

LEGISLATION CITED: Civil Procedure Act 2005 (NSW), s 56 Defamation Act 2005 (NSW)

Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 CASES CITED: Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 Holmes v TCN Channel Nine Ltd (2007) 4 DCLR (NSW) 394; [2007] NSWDC 137 John Fairfax Publications Pty Ltd v Blake; David Syme & Co Ltd v Blake (2001) 53 NSWLR 541 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Malcolm v Nationwide News Pty Ltd (2007) Aust Torts Reports 81-915; [2007] NSWCA 254 Viney v TCN Channel Nine Pty Ltd [2006] NSWSC 1273