NSW Caselaw
New South Wales Supreme Court
CITATION : BERAN v CHANNEL SEVEN PTY LTD [2003] NSWSC 272 HEARING DATE(S) : 5 November 2002 JUDGMENT DATE : 9 April 2003
JUDGMENT OF : Levine J DECISION : 1. The plaintiff is to give discovery in accordance with paragraph 37 of these reasons and is to deliver a verified list within 28 days of today.; 2. The defendant's notice of motion is dismissed.; 3. The defendant is to pay two-thirds of the plaintiff's costs of the motion.; 4. The action is to be listed in the Registrar's Defamation Directions List on 30 May 2003.
CATCHWORDS : Discovery - issue of falsity of imputations going to aggravated damages - SCR Pt 23 - the "Tabe" discretion s22 Defamation Act 1974 LEGISLATION CITED : s126B Evidence Act 1995 SCR Pt 23 r 1(d) Murphy v Nationwide News Pty Ltd [2000] NSWSC 813 CASES CITED : National Australia Bank Ltd v Idoport Pty Ltd [2000] NSWCA 8 Tabe v Amalgamated Television Services Pty Ltd, Hunt J, unreported, 27 March 1987 Waterhouse v Perkins [2001] NSWSC 13 ROY BERAN (Plaintiff)
PARTIES : v
CHANNEL SEVEN SYDNEY PTY LTD (Defendant) FILE NUMBER(S) : SC 20546 OF 2001 B McClintock SC (Plaintiff) COUNSEL : K Smark (Defendant) Corrs Chambers Westgarth (Plaintiff) SOLICITORS : Mallesons Stephen Jacques (Defendant)
- 8 - [2003] NSWSC 272 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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