HODGE v TCN CHANNEL NINE PTY LTD [2003] NSWSC 1075

New South Wales Supreme Court

CITATION : HODGE v TCN CHANNEL NINE PTY LTD [2003] NSWSC 1075 revised - 25/02/2004 HEARING DATE(S) : Thursday 20 November 2003 JUDGMENT DATE : 20 November 2003

JUDGMENT OF : Levine J DECISION : 1. If the plaintiff is to exercise the leave to amend, he should do so by 5.00 pm on Monday 24 November.; 2. The defendant is, by 4.00 pm on Friday 28 November, to file its defence, limited to the issues to be determined by the Jury pursuant to s 7A of the Defamation Act, pursuant to Part 31 Rule 2 of the Supreme Court Rules.; 3. I direct a trial by Jury of the issues as joined between the parties.; 4. In relation to the first application, I confirm that I have ordered expedition. I grant leave to the parties forthwith to make arrangements to approach Bell J, the List Judge, to obtain a hearing date for the 7A trial.; 5. In relation to the imputations argument, the plaintiff has been predominantly successful and I order the defendant to pay its costs in that regard.; 6. In relation to the expedition application, I order the defendant to pay the plaintiff's costs thereof.

CATCHWORDS : Imputations - capacity - form GREGORY HODGE (Plaintiff)

PARTIES : v

TCN CHANNEL NINE PTY LTD (Defendant) FILE NUMBER(S) : SC 20276 of 2003 B Connel / T Jowett (Plaintiff) COUNSEL : T Blackburn SC / S Dawson (Defendant) Blake Dawson Waldron (Plaintiff) SOLICITORS : Gilbert & Tobin (Defendant)

Ex tempore: revised [2003] NSWSC 1075 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST