NSW Caselaw
New South Wales Supreme Court
CITATION : DIX GARDNER PTY LTD & ANOR v STRATHFIELD MUNICIPAL COUNCIL & ORS [2003] NSWSC 597 HEARING DATE(S) : 23 June 2003 JUDGMENT DATE : 4 July 2003
JUDGMENT OF : Levine J DECISION : 1. The plaintiffs have leave to file a further amended statement of claim in accordance with the rulings herein within 14 days.; 2. Within 14 days thereafter the defendants are to file their respective defences for the purposes of the s7A trial by jury; 3. Pursuant to SCR Pt 31 r 2 I order the trial by jury of the issues joined between the parties.; 4. I place the matter in the list for call up for trial by jury pursuant to s7A of the Defamation Act 1974.; 5. Each party is to pay his, her and its own costs.; 6. Exhibit A (the videotape) is to be returned to the plaintiffs.
CATCHWORDS : Defamation - imputations - capacity - form - difference in substance - identification and republication - particulars Baltinos v Foreign Language Publications (1986) 6 NSWLR 85 Bass v TCN Channel Nine Pty Ltd [2000] NSWSC 270 CASES CITED : Dwyer v IPC Magazines Ltd (NSWSC, Hunt J, unreported, 2 November 1990) Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188 Moore & Brown v Australian Broadcasting Corporation (1985) A Def R 40,061 Young & Ors v Munro & Anor (NSWSC, Levine J, unreported 12 May 1995) DIX GARDNER PTY LTD (First plaintiff)
LYALL DIX (Second plaintiff)
v PARTIES : STRATHFIELD MUNICIPAL COUNCIL (First defendant)
VIRGINIA JUDGE (Second defendant)
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