Broome v Richardson & Anor [2002] NSWSC 446

New South Wales Supreme Court

CITATION : Broome v Richardson & Anor [2002] NSWSC 446 FILE NUMBER(S) : SC 20468/00 HEARING DATE(S) : 13 May 2002 14 May 2002 JUDGMENT DATE : 1 November 2002

John Harold BROOME (Plaintiff) PARTIES : Graham RICHARDSON (1st Defendant) HARBOUR RADIO P/L (2nd Defendant) JUDGMENT OF : Simpson J at 1

COUNSEL : K Smark (Plaintiff) G Reynolds SC (Defendants) SOLICITORS : Deacons (Plaintiff) Corrs Chambers Westgarth (Defendants) CATCHWORDS : defamation - release of information known as "leaking" - condonation - capacity of matter complained of to convey imputations pleaded - reference to Watergate - composite of ideas within imputations pleaded - transitory nature of radio broadcasting - linkage between broadcasts Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 CASES CITED : Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Burrows v Knightly (1987) NSWLR 651 Phelps v Nationwide News Pty Ltd [2001] NSWSC 130, unreported, 9 March 2001 DECISION : (i) I grant leave to the plaintiff to file a second further amended statement of claim, in the form proposed (with the exception of the proposed imputations numbered 4(c) and 6(b)), and subject to the further amendment of imputation 8(a); (ii) I order that the plaintiff pay any costs thrown away by the amendment but otherwise order each party to pay his or its own costs.

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

SIMPSON J

Friday 1 November 2002

20468/00 John Harold BROOME v Graham RICHARDSON & Anor