NSW Caselaw
New South Wales Supreme Court
CITATION : Cotter v John Fairfax Publications Pty Ltd [2001] NSWSC 587 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20360/97 HEARING DATE(S) : 15 June 2001 JUDGMENT DATE : 13 July 2001
PARTIES : Barry Cotter - Plaintiff John Fairfax Publications Pty Ltd JUDGMENT OF : Simpson J
COUNSEL : T Molomby - Plaintiff T Blackburn - Defendant SOLICITORS : Joseph G Capogreco & Associates Freehill Hollingdale & Page - Defendants LEGISLATION CITED : Defamation Act 1974 Palmer v John Fairfax and Sons Ltd (1986) 5 NSWLR 727 Ryan v Federal Capital Press of Australia Pty Ltd (1990) 101 FLR 396 Carnell v Spier, unreported, 3 June 1997 CASES CITED : Packer v Australian Broadcasting Corporation, unreported, 31 March 1993 Wright v Australian Broadcasting Commission [[1977] 1 NSWLR 697] White & Co. v Credit Reform Association and Credit Index Limited [[1905] 1KB 653] Howard v Nationwide Publishing Services Pty Ltd (unreported, 26 February 1987) John Fairfax & Sons Ltd v Cojuangco (1998) 165 CLR 346 DECISION : Defendant ordered to answer all interrogatories, with the rider that it be excused (at least at this stage) from giving any answer to the extent that the answer might identify the source of its information. Defendant pay the whole of the plaintiffs costs of the application.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Defamation List
SIMPSON J
13 July 2001
20360/97 Barry COTTER v JOHN FAIRFAX PUBLICATIONS PTY LTD Judgment
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