CROSS & ANOR v ILLAWARRA NEWSPAPER HOLDINGS PTY LTD [2003] NSWSC 1236

New South Wales Supreme Court

CITATION : CROSS & ANOR v ILLAWARRA NEWSPAPER HOLDINGS PTY LTD [2003] NSWSC 1236 HEARING DATE(S) : 18 December 2003 JUDGMENT DATE : 18 December 2003

JUDGMENT OF : Levine J DECISION : 1. The action by the first plaintiff against the defendant is dismissed. The first plaintiff is to pay the defendant's costs of the action.; 2. Imputations 3(d)(i), 3(e), 3(f), 3(h)(i) and 3(h)(ii) are incapable of being carried by the matter complained of and a verdict is entered for the defendant on each. ; 3. Note that imputation 3(g) has been abandoned; 4. The second plaintiff has leave to file an amended statement of claim by no later than 31 January 2004.; 5. The second plaintiff is to pay the defendant's costs of this application.; 6. Stand the matter over for directions in the Registrar's Defamation Directions List on 13 February 2004.

CATCHWORDS : Imputations - capacity - form RENE CROSS (First plaintiff)

RON CROSS PARTIES : (Second plaintiff)

v

ILLAWARRA NEWSPAPER HOLDINGS PTY LTD (Defendant) FILE NUMBER(S) : SC 20190 OF 2003 M Rollinson (Plaintiffs) COUNSEL : P Menadue (Defendant) Richard Licardy & Co (Plaintiffs) SOLICITORS : R Coleman (Defendant)

- 1 - Ex tempore: revised [2003] NSWSC 1236 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

JUSTICE DAVID LEVINE

THURSDAY 18 DECEMBER 2003

20190 OF 2003

RENE CROSS (First plaintiff)