Vella v John Fairfax Publications Pty Ltd [2000] NSWSC 615

New South Wales Supreme Court

CITATION : Vella v John Fairfax Publications Pty Ltd [2000] NSWSC 615 CURRENT JURISDICTION: Defamation FILE NUMBER(S) : SC 20473/1999 HEARING DATE(S) : 26 May 2000 JUDGMENT DATE : 4 July 2000

PARTIES : Alex Vella - Plaintiff John Fairfax Publications Pty Limited - Defendant JUDGMENT OF : Bell J at 1

COUNSEL : Mr T Molomby - Plaintiff Mr Blackburn - Defendant SOLICITORS : Maurice May & Co - Plaintiff Richard Coleman - Defendant DECISION :

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

BELL J

Tuesday, 4 July 2000 20473/99 - Alex VELLA v JOHN FAIRFAX PUBLICATIONS PTY LTD (ACN 003 357 720

JUDGMENT

1 HER HONOUR: The plaintiff brings proceedings in defamation against the defendant arising out of the publication of an article in the Sydney Morning Herald on 10 August, 1999. The article is reproduced in numbered paragraphs in the Schedule to the Amended Statement of Claim. It is contended that the article in its natural and ordinary meaning conveys seven imputations defamatory of the plaintiff. They are set out in paragraph 4(a) - (g) of the Amended Statement of Claim. 2 The defendant objects to each of the imputations pleaded upon the basis that the article is not reasonably capable of conveying such imputations. The parties have agreed to the separate determination of these issues prior to the trial of the matter pursuant to Part 31 r 2 of the Supreme Court Rules 1970. 3 Imputation 4(a) is pleaded in these terms:- "That as boss of the Rebels bikie gang he has knowingly obtained millions of dollars through criminal activity including illegal traffic in amphetamines, suburban prostitution and tow-truck rackets".