OBEID v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 563

New South Wales Supreme Court

CITATION : OBEID v JOHN FAIRFAX PUBLICATIONS PTY LTD [2003] NSWSC 563 HEARING DATE(S) : 20 February 2003 JUDGMENT DATE : 25 June 2003

JUDGMENT OF : Levine J DECISION : 1. Imputations 9(a), (b), (c), (d) and (e) I hold to be proper in form, different in substance, capable of being carried by the matter complained of and capable of being defamatory.; 2. Imputation 9(f) is struck out without leave to amend.; 3. Imputation 9(g) I find to be incapable of being carried by the matter complained of and enter a verdict for the defendant in relation to that cause of action.; 4. I order the defendant to pay two-thirds of the plaintiff's costs.; 5. I direct the defendant within 14 days to file a defence to the issues remaining in the statement of claim for the determination of a jury pursuant to s7A of the Defamation Act 1974.; 6. Pursuant to SCR Pt 31 r 2 I direct the trial by jury of the issues joined between the parties on the pleadings for the determination by that tribunal pursuant to s7A of the Defamation Act 1974.; 7. I place the matter in the list to be called up for trial by jury pursuant to s7A of the Defamation Act 1974.

CATCHWORDS : Imputations - capacity - form - difference in substance Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Greek Herald v Nikolopoulos (2002) 54 NSWLR 165 CASES CITED : Marsden v Amalgamated Television Services Pty Ltd (1998) 43 NSWLR 158 Saint v John Fairfax Publications Pty Ltd [2002] NSWSC 312 Sergi v Australian Broadcasting Commission (1983) 2 NSWLR 669 EDWARD OBEID (Plaintiff)

PARTIES : v