Stokes v John Fairfax Publications Pty Ltd [2003] NSWSC 678

New South Wales Supreme Court

CITATION : Stokes v John Fairfax Publications Pty Ltd [2003] NSWSC 678 HEARING DATE(S) : 23 July 2003 JUDGMENT DATE : 23 July 2003

JUDGMENT OF : Simpson J DECISION : the statement of claim will be struck out unless the plaintiff files an amended pleading, including the column headed "Plavsic is returning to familiar territory"; no order as to costs

CATCHWORDS : defamation - capacity - whether the plaintiff should be directed to include additional material in the matter complained of PARTIES : Kerry Matthew Stokes - Plaintiff John Fairfax Publications Pty Ltd - Defendant FILE NUMBER(S) : SC 20086/03 COUNSEL : P Gray - Plaintiff K Smark - Defendant SOLICITORS : Clayton Utz - Plaintiff Richard Coleman - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

SIMPSON J

Wednesday 23 July 2003

20086/03 Kerry Mathew STOKES v JOHN FAIRFAX PUBLICATIONS PTY LTD

JUDGMENT 1 HER HONOUR: By statement of claim filed on 8 April 2003 the plaintiff complains of three allegedly defamatory imputations said to have been conveyed in the Financial Review dated 4 April 2003. This is an application under Pt 31 r 2 for a separate trial of issues concerning:

(i) the capacity of the matter complained of to convey the pleaded imputations; and

(ii) whether the plaintiff should be directed to include additional material in the matter complained of. 2 The material before the court shows that a considerable amount of coverage was given in the newspaper to the general subject matter of television station Channel Seven, its executive chairman who is the plaintiff, one former executive officer, a newly appointed chief executive officer and other matters concerning the television station.