Waters v John Fairfax Publications Pty Ltd [2003] NSWSC 679

New South Wales Supreme Court

CITATION : Waters v John Fairfax Publications Pty Ltd [2003] NSWSC 679 HEARING DATE(S) : 22 July 2003 JUDGMENT DATE : 22 July 2003

JUDGMENT OF : Simpson J DECISION : allow imputations 5(b) and (a) as alternatives

CATCHWORDS : defamation PARTIES : Kevin Waters - Plaintiff John Fairfax Publications Pty Ltd - Defendant FILE NUMBER(S) : SC 20432/02 COUNSEL : S Wheelhouse - Plaintiff T Blackburn - Defendant SOLICITORS : Blessington Judd - Plaintiff Freehills - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

SIMPSON J

Tuesday 22 July 2003

20432/02 Kevin WATERS v JOHN FAIRFAX PUBLICATIONS PTY LTD

JUDGMENT 1 HER HONOUR: Following my rulings yesterday in relation to imputations, counsel for the plaintiff has sought to amend imputation 5(a) so that it reads: "The plaintiff, when a tow truck operator, employed the violent criminal Ian Clissold in the tow truck industry as a licensed tow truck driver." 2 There is no objection to the substitution of the imputation so drafted. However, as a consequence, counsel for the defendant has argued that imputation 5(a) as amended does not differ in substance from imputation 5(b). 3 The position is virtually identical to the argument I dealt with yesterday in relation to imputations 6(b) and(d). In each case there is one imputation asserting corruption, that corruption being constituted by the employment of Mr Clissold in the tow truck industry. The other imputation is simply an imputation that the plaintiff employed Mr Clissold. 4 As I said yesterday, in my opinion the imputation asserting corruption is greater than and encompasses the imputation asserting employment, but is not otherwise different. Thus, if the jury were to find the corruption imputation conveyed nothing would be added by the employment imputation and, as is the case with the imputations numbered 6(b) and (d), I will allow imputations 5(b) and (a) as alternatives. **********