Nikolopoulos & Ors v Greek Herald Pty Ltd & Anor [2003] NSWSC 1060

New South Wales Supreme Court

CITATION : Nikolopoulos & Ors v Greek Herald Pty Ltd & Anor [2003] NSWSC 1060 HEARING DATE(S) : 27 October 2003 JUDGMENT DATE : 18 November 2003 JURISDICTION: Common Law JUDGMENT OF : Michael Grove J at 1 DECISION : JUDGMENT FOR PLAINTIFFS

CATCHWORDS : DEFAMATION - DAMAGES ASSESSED LEGISLATION CITED : Defamation Act 1974 Carson v John Fairfax & Sons 1993 178 CLR 44 CASES CITED : Garbett v Hazell, Watson & Viney Ltd 1943 All ER 359 Rogers v Nationwide News Ltd 2003 77 ALJR 1739 Waterhouse v Station 2GB 1985 1 NSWLR 58 PARTIES : George Nikolopoulos, John Georgopoulos, Alex Pettas, Tom Haralambidis, Peter Mitrothanasis, Bill Kategiannis, George Tsokos, Jim Panagakis, Chris Giorgakopoulos, John Gournaropoulos and Bill Venetoulis v Greek Herald Pty Limited and Theodore Skalkos FILE NUMBER(S) : SC 20071/99 COUNSEL : C. Evatt with J. Henness (Plaintiffs) No appearance (Defendants) SOLICITORS : Brock Partners (Plaintiffs)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Tuesday 18 November 2003 20071/99 - GEORGE NIKOLOPOULOS, JOHN GEORGOPOULOS, ALEX PETTAS, TOM HARALAMBIDIS, PETER MITROTHANASIS, BILL KATEGIANNIS, GEORGE TSOKOS, JIM PANAGAKIS, CHRIS GIORGAKOPOULOS, JOHN GOURNAROPOULOS and BILL VENETOULIS v GREEK HERALD PTY LIMITED and THEODORE SKALKOS

JUDGMENT

1 HIS HONOUR: Eleven plaintiffs seek damages alleging that they have been libelled in an article published in the Greek Herald on 20 January 1999. The matter complained of was published in the Greek language and the evidence includes a relevant English translation. The litigation has a considerable history, both at first instance and appellate levels. It is unnecessary to trace this in detail now. A hearing on 5 February 2001 pursuant to s7A of the Defamation Act 1974 (the Act) resulted in determination by a jury that the matter complained of made an imputation in respect of each plaintiff that he lied to members of the Canterbury Marrickville Olympic Soccer Football Club Limited (the Club) and that such imputation was defamatory of each of them. The plaintiffs were directors of the Club. None of them was mentioned by name in the publication. 2 On 9 May 2003 a hearing date of 27 October 2003 was fixed. On 15 July 2003 a notice of ceasing to act as solicitor was filed by Mr Tony Lazoropoulos who was to that time the solicitor on record acting for the defendants. Nevertheless, Mr Lazoropoulos appeared for the defendants on 15 September 2003 when a notice of motion filed by the plaintiffs, seeking inter alia, orders that the defence be struck out was, by consent, dismissed. On that occasion the presiding judge (Nicholas J) gave certain directions and also gave leave to each of the plaintiffs, "should he be so advised, to file written statements in lieu of or in addition to, each giving evidence at the forthcoming trial." 3 Upon the action being listed for hearing as scheduled on 27 October there was no appearance on behalf of either defendant. The relevant pleadings, following the trial pursuant to s7A abovementioned, are identified as the Second Further Amended Statement of Claim following that hearing and pursuant to order of 5 February 2001 and the Further Amended Defence filed on 29 January 2003. 4 The pleadings by the defendants raised these specific defences: