KRISS v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 319

New South Wales Supreme Court

CITATION : KRISS v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 319 HEARING DATE(S) : 14 April 2003 JUDGMENT DATE : 17 April 2003

JUDGMENT OF : Levine J DECISION : 1. Imputations 3(a), (b), (c) and (e) and 4(a) are incapable of being carried by the matter complained of.; 2. The plaintiff has leave to file an amended statement of claim within 14 days of today.; 3. The plaintiff is to pay the defendant's costs.; 4. The action is listed in the Registrar's Defamation Directions List on 2 May 2003.

CATCHWORDS : Imputations - capacity - form CASES CITED : Greek Herald Pty Ltd v Nikolopoulos (2001) 54 NSWLR 165 Morris v Newcastle Newspapers Pty Ltd (1985) 1 NSWLR 260 MAURICE KRISS (Plaintiff)

PARTIES : v

JOHN FAIRFAX PUBLICATIONS PTY LTD (Defendant) FILE NUMBER(S) : SC 20535 OF 2002 C Evatt (Plaintiff) COUNSEL : R Glasson (Defendant) H M Symonds & Britten (Plaintiff) SOLICITORS : Freehills (Defendant)

[2003] NSWSC 319 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

JUSTICE DAVID LEVINE

THURSDAY 17 APRIL 2003

20535 OF 2002

MAURICE KRISS (Plaintiff)

v

John Fairfax Publications Pty Ltd (Defendant)

JUDGMENT (Imputations – capacity – form) 1 The plaintiff sues the defendant for damages for defamation. The article of which he has complains was published in "The Sydney Morning Herald" on 2 November 2000.