NSW Caselaw
New South Wales Supreme Court
CITATION : Goold & Anor v Newcastle Newspapers Pty Ltd [2000] NSWSC 133 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 21311/96 HEARING DATE(S) : 3 March 2000 JUDGMENT DATE : 9 March 2000
Doug Goold (First Plaintiff) PARTIES : Roslyn Goold (Second Plaintiff) Newcastle Newspapers Pty Limited (ACN 000 003 967) (Defendant) JUDGMENT OF : Studdert J
COUNSEL : A.A. Henskens (Plaintiffs) D.A. Caspersonn (Defendant) SOLICITORS : Baker Love (Plaintiffs) Sparke Helmore (Defendant) LEGISLATION CITED : Defamation Act Palmer v John Fairfax & Sons Ltd (1985) 5 NSWLR 727 CASES CITED : Sims v Wran (1984) 1 NSWLR 317 Barbaro v Amalgamated Television Services Pty Limited (1985) 1 NSWLR 30 Carney & Ors v Mack (unreported, Levine J, 16 December 1998) DECISION : See para 31
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
STUDDERT J
Thursday 9 March 2000 21311/96 DOUG GOOLD & ANOR v NEWCASTLE NEWSPAPERS PTY LTD
JUDGMENT
1 HIS HONOUR: The plaintiffs in these proceedings seek damages from the defendant, claiming to have been defamed in an article published in the Newcastle Herald on 22 August 1996. That articles forms annexure A to the statement of claim and it is unnecessary to set out its content in this judgment. 2 The defendant has filed a defence in which it denies that the article in question is capable of bearing, or is understood in the relevant sense to bear, the imputations pleaded in the statement of claim. Additionally, the defendant has pleaded qualified privilege, comment and the defence arising under s 13 of the Defamation Act. In their reply, the plaintiffs have, inter alia, pleaded malice. 3 Consent orders were made concerning interrogatories on 9 April 1999, and interrogatories have been administered and certain of these have been answered. However a dispute has arisen as to whether the defendant ought to be required to answer certain outstanding interrogatories and I entertained argument on those interrogatories on Friday last, 3 March 2000. The interrogatories in question are five in number and it will be necessary to consider each interrogatory in turn. 4 Firstly however, I set out the imputations pleaded by the plaintiffs:
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