NSW Caselaw
New South Wales Supreme Court
CITATION : EL-AZZI v NATIONWIDE NEWS PTY LTD [2004] NSWSC 1055 HEARING DATE(S) : 12 October 2004 JUDGMENT DATE : 12 October 2004
JUDGMENT OF : Levine J DECISION : 1 O'Hagan permits reputational evidence of the kind on which the defendant proposes to rely ; 2 Post-publication bad reputation material is inadmissible; 3 The Burstein particulars must, in the limited way to which I have referred, by reference to paragraph 5 of the letter of 4 October 2004 be particularised pursuant to SCR Pr 67 r 18(3); 4 Grant leave to the plaintiff to file in court a third amended statement of claim; 5 Grant leave to the plaintiff to file in court an amended reply
CATCHWORDS : On plaintiff's application to strike out particulars LEGISLATION CITED : Evidence Act 1995 s 135 Amalgamated Television Services Pty Limited v Marsden (2002) NSWCA 419 Australian Broadcasting Corporation v McBride (2001) 53 NSWLR 430 Burstein v Times Newspapers Ltd [2001] 1 WLR 579 CASES CITED : Middendorp Electric Co Pty Ltd v Sonneveld (2001) VSC 312 O'Hagan v Nationwide News Pty Limited (2001) 53 NSWLR 89 Rochfort v John Fairfax and Sons Ltd (1972) 1 NSWLR 16 Television New Zealand v Quinn [1996] 3 NZLR 24 WILLIAM EL-AZZI (Plaintiff)
PARTIES : v
NATIONWIDE NEWS PTY LTD (Defendant) FILE NUMBER(S) : SC 10930 OF 1993 R Rasmussen (Plaintiff) COUNSEL : T Blackburn SC / J Hmelnitsky (Defendant) Kings Lawyers (Plaintiff) SOLICITORS : Blake Dawson Waldron (Defendant)
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