Ensor v Forrest [2001] NSWSC 790

New South Wales Supreme Court

CITATION : Ensor v Forrest [2001] NSWSC 790 CURRENT JURISDICTION: Common law FILE NUMBER(S) : SC 20510/98 HEARING DATE(S) : 2 March 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Benjamin Kenneth Edmund ENSOR and Anor v John Andrew Henry FORRESTand Ors JUDGMENT OF : Simpson J

COUNSEL : Mr T Molomby - Plaintiffs Ms K Traill - Defendants SOLICITORS : Michell Sillar Ronald J Curry & Co. CATCHWORDS : Defamation - application to strike out statement of claim - ulterior purpose - inactivity - application to be removed as a party to the proceedings - security of costs. LEGISLATION CITED : Defamation Act 1974 Rajski v Computer Manufacture and Design Pty Limited [1983] 2 NSWLR 122 Merribee Pastoral Industries Pty limited v ANZ Banking Group Limited (1998) 193 CLR 502 CASES CITED : Pacific Acceptance Corporation Limited v Forsyth (No.2) [1967] 2 NSWLR 402 Harpur v Ariadne Australia Limited [1984] Australia Limited [1984]2 QDR 523 Southern Cross Eploration NL v Fire and All Risks Insurance Co Limited (1985) 1 NSWLR 114 DECISION : Defendants' notice of motion dismissed.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

7 September 2001

20510/98 Benjamin Kenneth Edmund ENSOR and Anor v John Andrew Henry FORREST & Ors Judgment HER HONOUR : 1 By statement of claim filed on 31 December 1998 the plaintiffs, Benjamin Kenneth Edmund Ensor and Garrymere Farms Australia Pty Limited, have sued the four named defendants in defamation. The foundation for the action lies in a letter dated 22 November 1996 published over the name of the third defendant (there identified as "Janie Hicks") and also bearing the name of the fourth defendant, International Alpaca Management Pty Limited. The letter was directed to "Alpaca Breeders of Australia" and expresses concerns about certain issues in that industry. 2 By notice of motion filed on 3 March 1999, the defendants seek orders: