SOMOSI v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 176

New South Wales Court of Appeal

CITATION : SOMOSI v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 176 HEARING DATE(S) : 2 June 2004 JUDGMENT DATE : 11 June 2004

JUDGMENT OF : Mason P at 1; Sheller JA at 2; Stein AJA at 9 DECISION : Leave to appeal refused with costs.

CATCHWORDS : DEFAMATION - whether publication capable of carrying imputations as framed - ordinary reader of newspaper does not read articles in the way a lawyer would - leave to amend statement of claim LEGISLATION CITED : Defamation Act 1974 CASES CITED : John Fairfax Publications Pty Ltd v Rivkin 2003) 77 ALJR 1657 PARTIES : Robert Somosi - Claimant John Fairfax Publications Pty Ltd - Opponent FILE NUMBER(S) : CA 41210/03 COUNSEL : C A Evatt/A Maroya - Claimant T Blackburn SC/ A Foel - Opponent SOLICITORS : LAC Lawyers - Claimant Freehills - Opponent

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 20229/03 FILE NUMBER(S) : LOWER COURT Levine J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41210/03 SC 20229/03

MASON P SHELLER JA STEIN AJA SOMOSI v JOHN FAIRFAX PUBLICATIONS PTY LTD

On 3 September 2002 the opponent published an article about the claimant in the Sydney Morning Herald entitled "Barrister skipped court as client got life". As a result of this article, the claimant brought proceedings against the opponent in the Supreme Court to recover damages for defamation. Pursuant to s7A(2) of the Defamation Act 1974, Levine J tried separately the issue of whether the material complained of was capable of conveying to the ordinary reasonable reader the imputations relied upon by the claimant. Levine J concluded that the article was not capable of carrying the imputations relied on but granted leave to the claimant to file an amended statement of claim taking into account the reasons his Honour gave for his decision.