West & Anor v Nationwide News Pty Ltd (t/as Cumberland Newspaper Group) [2003] NSWSC 767

New South Wales Supreme Court

CITATION : West & Anor v Nationwide News Pty Ltd (t/as Cumberland Newspaper Group) [2003] NSWSC 767 HEARING DATE(S) : 19 August 2003 JUDGMENT DATE : 21 August 2003

JUDGMENT OF : Simpson J DECISION : in respect of the causes of action constituted by imputations (a), (b), (f) and (i): (i) verdict for the defendant; in respect of the causes of action constituted by imputations (c), (h), (e) and (j): (ii) verdict for the first plaintiff in the sum of $20,000, together with interest in the sum of $826; (iii) verdict for the second plaintiff in the sum of $30,000, together with interest in the sum of $1,239; (iv) the defendant is to pay three quarters of the plaintiffs' costs of the proceedings.

CATCHWORDS : defamation - costs of the proceedings - commencement or continuation of proceedings in Supreme Court - District Court jurisdiction Defamation Act 1974 (NSW), s7A LEGISLATION CITED : Defamation (Amendment) Act 1994 (NSW) Supreme Court Rules, Part 52A Rule 33 Green v Schneller [2000] NSWSC 1205, 15 December 2000, unreported CASES CITED : Jarratt v John Fairfax Publications Pty Ltd [2001] NSWSC 739, unreported, 7 September 2001 John Fairfax and Sons Ltd v Palmer (1987) 8 NSWLR 297 West & Anor v Nationwide News Pty Ltd (t/as Cumberland Newspaper Group [2003] NSWSC 505, unreported, 15 August 2003 Robert West - 1st Plaintiff PARTIES : Fortunate Investments Pty Ltd - 2nd Plaintiff Nationwide News Pty Ltd t/as Cumberland Newspaper Group - Defendant FILE NUMBER(S) : SC 20752/01 COUNSEL : CA Evatt - 1st & 2nd Plaintiffs AA Henskens - Defendant SOLICITORS : AJ Turner - 1st & 2nd Plaintiffs Cropper Parkhill - Defendant