GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ORS [2003] NSWSC 1244

New South Wales Supreme Court

CITATION : GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ORS [2003] NSWSC 1244 revised - 2/02/2004 HEARING DATE(S) : 19 December 2003 JUDGMENT DATE : 19 December 2003

JUDGMENT OF : Levine J DECISION : 1. I decline to make order 1 in the short minutes of order handed up today but instead vary order 6 of the consent orders made by me on 26/10/2003 to require the defendants to file their defences by 5pm on Friday 6 February 2004.; 2. I make orders 2,3, and 4 in the short minutes of order handed up today.; 3. The costs of today abide the outcome of the hearing of the motion filed on 18 November 2003.; 4. List the matter before Nicholas J on 13 April 2004.

CATCHWORDS : Defamation - practice and procedure - requirement of compliance with consent order to file defence notwithstanding separate question of law to be argued JEREMY NORMAN GRIFFITH (First Plaintiff)

FOUNDATION FOR HUMANITY'S ADULTHOOD (ACN 003 930 023) (Second Plaintiff)

TIMOTHY JOHN MACARTNEY-SNAPE PARTIES : (Third Plaintiff)

v

AUSTRALIAN BROADCASTING CORPORATION (First Defendant)

DAVID MILLIKAN (Second defendant) FILE NUMBER(S) : SC 20300 OF 2001 K Smark (Plaintiffs) COUNSEL : D Hogan-Doran (Defendants) Schweizer Kobras (Plaintiffs) SOLICITORS : Baker & McKenzie (Defendants)

- 1- Ex tempore: revised [2003] NSWSC 1244 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST