NSW Caselaw
New South Wales Supreme Court
CITATION : Bitel & Ors v Ruddock & David Syme & Co Limited [2000] NSWSC 840 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20445/99 HEARING DATE(S) : 18 February 2000 JUDGMENT DATE : 29 August 2000
PARTIES : David Lee Bitel & Ors - Plaintiff Philip Ruddock - 1st Defendant, David Syme & Co Limited - 2nd Defendant JUDGMENT OF : Simpson J at 1
Mr R A Campbell - Plaintiff COUNSEL : Mr P Taylor - 1st Defendant Ms R McColl SC with Mr S Kerr - 2nd Defendant Parish Patience - Plaintiff SOLICITORS : Australian Government Solicitor -1st Defendant Minter Ellison - 2nd Defendant CATCHWORDS : Defamation - imputations pleaded - alleged oral publication - radio broadcast - capacity of matters complained of to convey imputations about plaintiffs - where defamation is of a class, plaintiffs not individually named - imputations framed in passive voice - capacity of imputations to be conveyed by matter complained of - imputations differing in substance. McCormick v John Fairfax & Sons Limited (1989) 16 NSWLR 485 Knupffer v London Express Newspaper Limited [1944] AC 116 CASES CITED : Jackson v John Fairfax and Sons Limited [1981] 1 NSWLR 36 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 DECISION : Imputations 14.2, 14.3 and 14.4 struck out.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Defamation List
SIMPSON J
29 August 2000
20445/99 David Lee BITEL & ORS v Philip RUDDOCK & DAVID SYME & CO LIMITED Judgment
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