Lassanah v State of New South Wales (No. 2) [2009] NSWDC 100

New South Wales District Court

CITATION: Lassanah v State of New South Wales (No. 2) [2009] NSWDC 100

HEARING DATE(S): 21 May 2009

JUDGMENT DATE: 21 May 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Application by first defendant to strike out imputations 3(a)(i) and 6(a)(i) and for verified answers to particulars refused. DECISION: (2) First defendant pay plaintiffs' costs of the application. (3) Orders in accordance with the Short Minutes of Order filed in court. (4) Stood over for further directions to Friday 11 September 2009 at 9:00am.

CATCHWORDS: Tort - defamation - "fall-back" imputations

Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 CASES CITED: Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Lassanah v State of NSW [2009] NSWDC 73

First Plaintiff: Michael Lassanah PARTIES: Second Plaintiff: Aaron Oddie (an intellectually disabled person) by his tutor Michelle Pearson First Defendant: State of New South Wales Second Defendant: LVMH Watch & Jewellery Australia Pty Ltd

FILE NUMBER(S): 5370 of 2008

COUNSEL: Plaintiffs: Mr C J Dibb First Defendant: Mr D A Caspersonn

SOLICITORS: Plaintiffs: Friend & Co Lawyers First Defendant: Henry Davis York Lawyers

JUDGMENT

1. The first defendant challenges the form and capacity of imputations 3(a)(i) and 6(a)(i) as pleaded in paragraphs 3 and 6 of the Statement of Claim and seeks orders for verification of particulars of publication. The claim for defamation is brought only against the first defendant and the second defendant did not participate in the argument.