Business & Research Management P/L v P G Flude & Ors [2002] NSWSC 318

New South Wales Supreme Court

CITATION : Business & Research Management P/L v P G Flude & Ors [2002] NSWSC 318 CURRENT JURISDICTION: Common Law Division Defamation List FILE NUMBER(S) : SC 20933/01 HEARING DATE(S) : 17/04/02 JUDGMENT DATE : 22 April 2002

Business & Research Management Ltd (Pl) Peter Gordon Flude (1st Def) Australian Rural Group Ltd (2nd Def) PARTIES : Graham John Reaney (3rd Def) George Arthur Ashby Hooper (4th Def) Alexander Brian McLennan (5th Def) Kenneth John Bowen (6th Def) JUDGMENT OF : Kirby J

COUNSEL : R A Campbell/S Doctor (Pl) T Blackburn (Defs) SOLICITORS : Cordato Partners (Pl) Teys McMahon (Defs) CATCHWORDS : Defamation - Imputations - Whether different in substance - Test - Whether arise LEGISLATION CITED : Defamation Act 1974 Singleton v John Fairfax & Sons Limited (Hunt J, 20.2.80, unreported) CASES CITED : Laucke v John Fairfax & Sons Limited (Hunt J, 20.3.81, unreported) Parker v Laws [2002] NSWSC 311 DECISION : Ref para 40

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

KIRBY J

Monday 22 April 2002

20933/01 - BUSINESS AND RESEARCH MANAGEMENT LTD v PETER GORDON FLUDE & ORS

JUDGMENT 1 KIRBY J: Business and Research Management Limited ("BARM") (the plaintiff) has commenced an action in this Court against a number of defendants, including Australian Rural Group Limited ("Rural Group") (the second defendant). The Statement of Claim includes allegations that the defendants, including the Rural Group, defamed BARM. A number of imputations are alleged. Application is made by the defendants to strike out certain imputations, either because they are not conveyed by the material published or they are bad in form.