NSW Caselaw
New South Wales Supreme Court
CITATION : THE DEVELOPMENT AND ENVIRONMENTAL PROFESSIONALS' ASSOCIATION v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWSC 92 HEARING DATE(S) : 31 October 2003 JUDGMENT DATE : 27 February 2004
JUDGMENT OF : Levine J DECISION : 1. The second further amended statement of claim is struck out.; 2. The plaintiff is to pay the defendant's costs of the action and the defendant's application.
CATCHWORDS : Trade Union - actionable defamation at suit of - no claim for actual loss - "injury to pocket" - pleading - judicial comity Australian Broadcasting Corporation v Comalco Ltd (1986) 12 FCR 510 Feo v Pioneer Concrete (Vic) Pty Ltd & Ors [1999] 3 VR 417 Kay & Anor v Chesser & Anor [1999] 3 VR 55 CASES CITED : Lewis v Daily Telegraph Ltd [1964] 1 AC 234 National Union of General and Municipal Workers v Gillian & Ors (1945) 2 All ER 593 NSW Aboriginal Land Council v Jones (1998) 43 NSWLR 300 Robertson v John Fairfax Publications Pty Ltd & The Development and Environmental Professionals' Association v John Fairfax Publications [2003] NSWSC 473 Selecta Homes v Advertiser News Weekend (2001) 79 SASR 451 THE DEVELOPMENT AND ENVIRONMENTAL PROFESSIONALS' ASSOCIATION (formerly ENVIRONMENTAL HEALTH & BUILDING SURVEYORS' ASSOCIATION) (Plaintiff)
PARTIES : v
JOHN FAIRFAX PUBLICATIONS PTY LTD (ACN 003 357 720) (Defendant) FILE NUMBER(S) : SC 20004 OF 2003 R Weaver (Plaintiff) COUNSEL : R Lancaster (Defendant) R L Whyburn & Associates (Plaintiff) SOLICITORS : Freehills (Defendant)
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