Parker v Laws [2002] NSWSC 311

New South Wales Supreme Court

CITATION : Parker v Laws [2002] NSWSC 311 CURRENT JURISDICTION: Common Law Division Defamation List FILE NUMBER(S) : SC 20483/98 HEARING DATE(S) : 15/04/02 JUDGMENT DATE : 22 April 2002

PARTIES : David Parker (Pl) John Laws (Def) JUDGMENT OF : Kirby J

COUNSEL : Bruce Donald (Pl) T Blackburn (Def) SOLICITORS : Bruce Donald (Pl) Blake Dawson Waldron (Def) CATCHWORDS : Defamation - Pleading - Imputations - Form - Whether differ in substance - Test LEGISLATION CITED : Defamation Act 1974 Morris v Newcastle Newspapers Pty Limited (1985) 1 NSWLR 260 CASES CITED : Singleton v John Fairfax & Sons Limited (unreported, 20.2.80) Hepburn v TCN Channel 9 Pty Ltd (1984) 1 NSWLR 386 Singleton v Ffrench (1986) 5 NSWLR 425 DECISION : Ref para 30

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

KIRBY J

Monday 22 April 2002

20483/98 - DAVID PARKER v JOHN LAWS

JUDGMENT 1 KIRBY J: This is an application by the defendant (John Laws) to strike out certain imputations relied upon by the plaintiff (David Parker) in an Amended Statement of Claim.

The Publication 2 The defendant wrote a regular column in the Sunday Telegraph newspaper, "John Laws - From Behind the Golden Microphone". On 5 October 1997, the following article appeared in that newspaper: "PLAGUED BY PARKER It's time for NRMA members to get angry and bury the squabbling, divisive activists who bedevil the NRMA. They're at it again. As I told you they would be when I wrote about the NRMA elections some months ago. I said then that the NRMA's only hope for peace, stability and progress was to support the board candidates endorsed by Nicholas Whitlam, the NRMA president and a respected Sydney banker. Mr Whitlam's 1997 President's Team comprises Rosemary Foote, Susan Ryan, Tim Gavin, Mary Easson, Bill Hilzinger, Catherine Harris, Michael Tynan and Gary Beltrame. Now, with voting in the board election just completed, the NRMA faces yet another drama. A requisition for a special general meeting on October 28 has been delivered to the NRMA by one David Parker. It seeks to remove Mr Whitlam and seven other directors, but gives no reason. NRMA members will remember the noisy Parker. He's the bloke whose supporters requisitioned another special general meeting last year seeking to remove seven other directors. He failed then, and he will fail now. But the total cost of the two SGMs to the NRMA will be more than $750,000. I'm sure NRMA members have had enough of Mr Parker and his ilk. Members voted him off the NRMA board in 1988, and refused to elect him in 1991 - as, undoubtedly, they will refuse to elect him this year. At great expense, the NRMA is sending its two million members information packs and proxy forms for the annual general meeting, on October 29 and 30 and for the special general meeting on October 28. If each member were to take the pink proxy form from the SGM pack and make it out in favour of Mr Whitlam, or deputy president Dominique Collins, and send it back to the NRMA in the reply-paid envelope provided, Mr Parker and his pals could finally be consigned to NRMA oblivion. Which I'm sure most members would see as being an excellent result. This is the members' best opportunity to put an end to this wasteful nonsense." (emphasis in original)