NSW Caselaw
New South Wales Supreme Court
CITATION : AKTAS & ANOR v WESTPAC BANKING CORPORATION [2004] NSWSC 218 HEARING DATE(S) : 29 October 2003 JUDGMENT DATE : 26 March 2004
JUDGMENT OF : Levine J DECISION : 1. Within 21 days the plaintiff is to file an amended statement of claim in accordance with these reasons.; 2. The plaintiffs are to pay the defendant's costs thrown away by reason of late notification of the proposed form of amended statement of claim and imputations.; 3. Otherwise each party is to pay his and its own costs of the proceedings on 27 and 29 October 2003.; 4. I place the matter in the Registrar's 9am List on 16 April 2004.
CATCHWORDS : Imputations - capacity - form - true innuendos - "refer to drawer" CASES CITED : Bargold Pty Ltd v Mirror Newspapers & Anor [1981] 1 NSWLR 9 Raafbye Corporation Pty Ltd & Ors v Westpac Banking Corporation Ltd (Levine J, unreported, 21 October 1994). PAUL UYSAL AKTAS (First plaintiff)
HOMEWISE REALTY PTY LTD (ACN 001 131 273) PARTIES : (Second plaintiff)
v
WESTPAC BANKING CORPORATION LIMITED (ARBN 007 457 141) (Defendant) FILE NUMBER(S) : SC 20552 OF 2002 J Garnsey QC / RA Campbell (Plaintiffs) COUNSEL : L McCallum (Defendant) Penhall & Co (Plaintiffs) SOLICITORS : Mallesons Stephen Jacques (Defendant)
[2004] NSWSC 218 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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