NSW Caselaw
New South Wales Supreme Court
CITATION : COHEN v SIR MOSES MONTEFIORE JEWISH HOME [2003] NSWSC 1094 HEARING DATE(S) : Monday 24 November 2003 JUDGMENT DATE : 24 November 2003
JUDGMENT OF : Levine J DECISION : 1. The fourth matter complained of is incapable as a matter of law of conveying the pleaded imputation in (d)(i) as amended. Verdict entered for the defendant in relation to imputation (d)(i) with no leave to replead.; 2. Imputation (j)(i) amended to read: "the plaintiff was insensitive to the needs of his congregants as evidenced by the fact that he sought to impose a degree of religious observance which they did not wish to adopt".; 3. The plaintiff to pay the defendants' costs of the proceedings before Simpson J.; 4. The plaintiff is to pay the defendant's costs in respect of imputation (d)(i).
CATCHWORDS : Imputations - capacity - costs CASES CITED : Cohen v Sir Moses Montefiore Jewish Home [2003] NSWSC 502 RABBI Y L COHEN (Plaintiff)
v
SIR MOSES MONTEFIORE JEWISH HOME (First Defendant)
PARTIES : ROBERT ORIE (Second Defendant)
LEONARD KARPIN (Third Defendant)
BRIAN LEVITAN (Fourth Defendant)
FILE NUMBER(S) : SC 20029 OF 2003 A Blank (Plaintiff) COUNSEL : A Dawson (Defendants) Verekers (Plaintiff) SOLICITORS : Minter Ellison (Defendants)
- 4 - Ex tempore: revised [2003] NSWSC 1094 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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