Mortimer v Nationwide News Pty Ltd [2000] NSWSC 612

New South Wales Supreme Court

CITATION : Mortimer v Nationwide News Pty Ltd [2000] NSWSC 612 CURRENT JURISDICTION: Defamation FILE NUMBER(S) : SC 020566/99 HEARING DATE(S) : 26 May 2000 JUDGMENT DATE : 4 July 2000

PARTIES : David Allen Mortimer Nationwide News Pty Ltd JUDGMENT OF : Bell J at 1

COUNSEL : Mr Neil QC/ Mr Caspersonn - Plaintiff Mr Blackburn - Defendant SOLICITORS : Baker & McKenzie - Plaintiff Blake Dawson Waldron - Defendant DECISION :

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

BELL J

Tuesday, 4 July, 2000 20566/99 David Allen MORTIMER v NATIONWIDE NEWS PTY LTD

JUDGMENT

1 HER HONOUR: The plaintiff brings proceedings in defamation against the defendant arising out of the publication of three articles in The Australian. The first matter complained of is an article published on 17 August 1999 which the plaintiff claims in its natural and ordinary meaning contained five imputations defamatory of him. The terms of that article are set out in numbered paragraphs in Schedule A to the Statement of Claim. The second article was published on 2 September 1999. The plaintiff contends that in its natural and ordinary meaning it conveys four imputations defamatory of him. It is set out in numbered paragraphs in Schedule B. The third article was published on 12 November 1999. The plaintiff contends that in its natural and ordinary meaning it contains six imputations defamatory of him. It is set out in numbered paragraphs in Schedule C to the Statement of Claim. 2 A number of objections are taken both as to the capacity of the matters complained of to convey and as to the form of certain of the imputations pleaded. The parties agreed to the separate determination of these objections pursuant to Part 31 r 2 of the Supreme Court Rules 1970. 3 The imputations pleaded with respect to the first matter complained of (Schedule A) are set out in paragraph 4(a)-(e) of the Statement of Claim. Objection is taken to imputations 4(a) and 4(d) upon the basis that the matter complained of is not reasonably capable of conveying either imputation. 4 The article set out in Schedule A is a report of the announcement made by Peter Corrigan (who is described as having been running the GIO for the past seven months) of a $743 million loss sustained by the GIO. The article goes on to state that the loss was the work of the previous management and board. They are described as having fanatically fought off a take-over bid by the AMP. In so doing, it is said that they spent a good deal of shareholders' money. 5 Imputation 4(a) is pleaded in these terms: "The plaintiff lied to GIO shareholders in that he, as Chairman of GIO, on 9 December 1998, falsely predicted a profit of $80 million from GIO reinsurance."