Mirny v Network Ten Pty Limited [2001] NSWSC 177

New South Wales Supreme Court

CITATION : Mirny v Network Ten Pty Limited [2001] NSWSC 177 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20588/00 HEARING DATE(S) : 9 March 2001 JUDGMENT DATE : 4 May 2001

PARTIES : Svetlana Mirny - Plaintiff Network Ten Pty Limited - Defendant JUDGMENT OF : Simpson J

COUNSEL : C Evatt - Plaintiff D R Sibtain - Defendant SOLICITORS : Teakle Ormsby Conn - Plaintiff Blake Dawson Waldron - Defendant CATCHWORDS : Defamation - imputations - true innuendo - juxtaposition video film depicting plaintiff with commentary not directly related to her - "anti-social" - whether imputations defamatory DECISION : Imputations 3(c), 4(c), 4(f) and 4(g) struck out.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Defamation List

SIMPSON J

4 May 2001

20588/00 Svetlana MIRNY v NETWORK TEN PTY LIMITED Judgment

HER HONOUR : 1 By statement of claim filed on 1 November 2000 the plaintiff, Svetlana Mirny, has commenced proceedings against the defendant, Network Ten Pty Limited, claiming damages for defamatory imputations she alleges arise out of a telecast of 23 January 2000. As the plaintiff firstly frames her claim, the imputations arise out of the natural and ordinary meaning of the publication; additionally, (not alternatively, if the pleading is to be read strictly) she claims that the defamatory imputations are conveyed to persons in possession of certain extrinsic facts. 2 By notice of motion filed on 5 March 2001, the defendant seeks, inter alia, an order that each imputation pleaded by the plaintiff be struck out. The basis of the application is that the matter complained of is incapable of conveying any of the imputations pleaded, either in its natural and ordinary meaning, or in conjunction with the extrinsic facts identified. In respect of certain of the imputations, the defendant contends that, even if they are capable of being conveyed, they are not capable of defaming the plaintiff.