NSW Caselaw
New South Wales Supreme Court
CITATION : HARVEY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWSC 188 HEARING DATE(S) : 27 November 2003 JUDGMENT DATE : 22 March 2004
JUDGMENT OF : Levine J DECISION : 1. The plaintiff's notice of motion is dismissed with costs.; 2. I place the matter in the list to be called up for the new s7A trial as ordered by the Court of Appeal.
CATCHWORDS : Plaintiff's application to amend to add fresh imputations - after unsuccessful s7A trial - after partially successful appeal - new trial confined to one imputation - res judicata - Anshun principles - status of Court of Appeal's order Amalgamated Television Services v Marsden [1999] NSWCA 313 CASES CITED : Harvey v John Fairfax Publications Limited [2003] NSWCA 70 Henderson v Henderson (1843) 3 Hare 100; 67 ER 313 Port of Melbourne Authority v Anshun Pty Ltd (1980-1981) 147 CLR 589 JOHN HARVEY (Plaintiff)
PARTIES : v
JOHN FAIRFAX PUBLICATIONS PTY LTD ACN 003 357 720 (Defendant) FILE NUMBER(S) : SC 20002 OF 1998 B McClintock SC (Plaintiff) COUNSEL : T Blackburn SC (Defendant) Carneys (Plaintiff) SOLICITORS : Freehills (Defendant)
[2004] NSWSC 188 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
JUSTICE DAVID LEVINE
MONDAY 22 MARCH 2004
20002 OF 1998
JOHN HARVEY (Plaintiff)
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