Dennison v Refshauge [2003] NSWSC 78

New South Wales Supreme Court

CITATION : Dennison v Refshauge [2003] NSWSC 78 HEARING DATE(S) : 16/12/02, 17/12/02 JUDGMENT DATE : 19 February 2003 JURISDICTION: Common Law Defamation JUDGMENT OF : Cripps AJ DECISION : Verdict for the defendant. Plaintiff to pay the defendant's costs.

CATCHWORDS : Defamation - Truth - Contextual imputations LEGISLATION CITED : The Defamation Act 1974 s 7A The Public Hospitals Act 1929 Part 5 s 24A(1)(f) CASES CITED : John Fairfax Publications Pty Ltd v Blake [2001] NSWCA (Unreported) PARTIES : Anthony John Dennison - Plaintiff Andrew John Refshauge - Defendant FILE NUMBER(S) : SC 20165/2000 COUNSEL : Mr K P Smark - Plaintiff Mr M Lynch - Defendant SOLICITORS : Doyle Wilson Solicitors - Plaintiff I V Knight, Crown Solicitor - Defendant

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

Cripps AJ

19 FEBRUARY 2003

No 20165 of 2000 Anthony John Dennison v Andrew John Refshauge

JUDGMENT 1 HIS HONOUR: On 6 March 1998 the Defendant was interviewed by a reporter from the Australian Broadcasting Commission in the course of which he made two statements which a jury in a trial held pursuant to s 7A of the Defamation Act 1974 found to be defamatory of the Plaintiff. 2 The interview related to what was said to be a conflict between Mr Refshauge, the Minister for Health and Mr Dennison, who was, at all relevant times, a member of the New England Area Health Board. 3 A video recording of the whole interview which went to air on 6 March 1998 was tendered before me. The first part (which contains the matter complained of) is: