Cunningham v Nationwide News Pty Ltd [2000] NSWSC 616

New South Wales Supreme Court

CITATION : Cunningham v Nationwide News Pty Ltd [2000] NSWSC 616 CURRENT JURISDICTION: Defamation FILE NUMBER(S) : SC 20497/99 HEARING DATE(S) : 26 May 2000 JUDGMENT DATE : 4 July 2000

PARTIES : Joanna Cunningham - Plaintiff Nationwide News Pty Limited - Defendant JUDGMENT OF : Bell J at 1

COUNSEL : Mr B McClintock, SC - Plaintiff Mr Blackburn - Defendant SOLICITORS : Gilbert & Tobin - 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 20497/99 - Joanna CUNNINGHAM v NATIONWIDE NEWS PTY LTD (ACN 008 438 828)

JUDGMENT

1 HER HONOUR: The plaintiff brings proceedings in defamation against the defendant arising out of the publication of an article in the Daily Telegraph on 25 November 1998. The plaintiff contends that the article in its natural and ordinary meaning conveyed seven imputations defamatory of her. Those imputations are set out in paragraph 4(a)-(g) of the Statement of Claim. The text of the matter complained of is set out in numbered paragraphs in the schedule to the Statement of Claim. 2 The defendant objects to the each of the imputations. By consent the parties 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. The imputations are pleaded as follows: "4(a) That the plaintiff has perverted the course of justice; (b) that the plaintiff has committed a gross breach of public trust; (c) that the plaintiff is corrupt; (d) that the plaintiff is a heroin user; (e) that the plaintiff conducted drug and alcohol sessions with prison inmates in gross dereliction of her duties; (f) that the plaintiff had sexual relations with prison inmates in gross dereliction of her duties; (g) that the plaintiff wrote a false reference for a lover so as to help him avoid a gaol term on a drug related conviction."