Vella v Nationwide News Pty Ltd [2000] NSWSC 614

New South Wales Supreme Court

CITATION : Vella v Nationwide News Pty Ltd [2000] NSWSC 614 CURRENT JURISDICTION: Defamation FILE NUMBER(S) : SC 20474/1999 HEARING DATE(S) : 26 May, 2000 JUDGMENT DATE : 4 July 2000

PARTIES : Alex Vella - Plaintiff Nationwide News Pty Ltd JUDGMENT OF : Bell J at 1

COUNSEL : Mr T Molomby - Plaintiff Mr Blackburn - Defendant SOLICITORS : Maurice May & Co - Plaintiff Blake Dawson Waldron - Def DECISION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

BELL J

Tuesday 4th July 2000 20474/99 - Alex VELLA v NATIONWIDE NEWS PTY LTD JUDGMENT

1 HER HONOUR: The plaintiff brings proceedings in defamation against the defendant arising out of the publication of an article in the Weekend Australian on 14 and 15 August 1999. 2 The text of the article is set out in numbered paragraphs in the Schedule to the Amended Statement of Claim. To the extent it is necessary to refer to the contents of the article I do so by reference to the paragraphs as numbered in the Schedule. In dealing with this matter I have also had access to a photocopy of the article. Mr Molomby, who appears on behalf of the plaintiff, drew my attention to the layout and appearance of the photographs which formed part of the article. 3 The plaintiff complains that the article, in its natural and ordinary meaning, conveys eight imputations defamatory of him. These are pleaded in paragraphs 4(a) to 4(h). 4 Mr Blackburn, who appears on behalf of the defendant, objects to a number of the imputations both as to their form and as to their capacity to convey the defamatory meaning for which the plaintiff contends. The parties agreed to have these objections determined separately prior to the trial of the matter pursuant to Part 31 r 2 of the Supreme Court Rules 1970. 5 Imputation 4(a) pleads: "That he is responsible for the murder of Michael Kulakowski"