Robert Hughes v. Seven Network Ltd and Another [2000] NSWSC 490

New South Wales Supreme Court

CITATION : Robert Hughes v. Seven Network Ltd and Another [2000] NSWSC 490 FILE NUMBER(S) : SC 20153/98 HEARING DATE(S) : 25 May 2000 31 May 2000 JUDGMENT DATE : 5 June 2000

Robert Hughes PARTIES : Seven Network Limited Amalgamated Television Services Pty Limited JUDGMENT OF : Bell J at 1

COUNSEL : Plaintiff - Mr. C. Evatt Defendants - Mr. T. Blackburn SOLICITORS : Plaintiff - Teakle Ormsby Conn Defendants - Mallesons Stephen Jaques CATCHWORDS : DEFAMATION - Application for leave to amend defence - Lateness of application - Principles governing grant of leave LEGISLATION CITED : Defamation Act 1974 (NSW) Supreme Court Rules 1970 (NSW) Atkinson v Fitzwater [1987] 1 WLR 201 Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 CASES CITED : Ketteman v Hansel Properties Ltd [1987] AC 189 Bickel v John Fairfax & Sons Ltd [1982] 1 NSWLR 474 Singleton v John Fairfax & Sons Ltd, Unreported, Supreme Court of New South Wales, Hunt J, 20 February 1980 DECISION : 1. Leave is granted to the defendants to file an Amended Defence to the Further Amended Statement of Claim pleading justification and contextual justification; 2. The plaintiff's claim of $1000 per week damages in economic loss is struck out; 3. The plaintiff's claim of damages for psychiatric disability is struck out; 4. Imputation 3(ii) is struck out and the plaintiff is granted leave to replead it; 5. Imputation 3(v) is struck out; 6. Imputation 3(vi) will go to the jury; 7. Imputation 3(vii) is struck out and the plaintiff is given leave to replead it; 8. Imputation 3 (viii) is struck out and the plaintiff is given leave to replead it