NSW Caselaw
New South Wales Supreme Court
CITATION : Ainsworth v Burden [2005] NSWSC 819
HEARING DATE(S) : 11/8/05
JUDGMENT DATE : 15 August 2005
JUDGMENT OF : Bell J at 1
DECISION : 1. Subject to the following rulings, grant leave to the defendant to file the further amended defence within fourteen days of today's date; 2. Particulars pursuant to Pt 67 r 17(3) of the SCR of the defence of comment that are currently identified in subparagraphs (viii) (a) and (b) are to be set out in the further amended defence; 3. Strike out paragraphs 4 (d), (e) and (f) of the further amended defence, and the particulars of fair protected report (paragraph (v)), fair extract or fair abstract from or fair summary of a document or record specified in clause 3 of Schedule 2 (paragraph (vi)), reply to attack (paragraph (vii)) and material for comment (paragraph (viii)).
Defamation Act 1974 LEGISLATION CITED : Supreme Court Rules 1970
Ainsworth v Burden [2005] NSWCA 174 Bass v TCN Channel Nine Pty Ltd [2003] NSWCA 118; 60 NSWLR 251 Loveday v Sun Newspapers Limited (1938) 59 CLR 503 CASES CITED : Sims v Wran [1984] 1 NSWLR 317 Pervan v North Queensland Newspaper Co Ltd (1992 - 1993) 178 CLR 309 Waterhouse v Broadcasting Station 2GB Pty Ltd (1985) 1 NSWLR 58
Leonard Ainsworth (Plaintiff) PARTIES : Leslie James Burden (Defendant)
FILE NUMBER(S) : SC 21216/96
R. Stitt QC / T. Blackburn SC (Plaintiff) COUNSEL : C. Evatt (Defendant)
Dibbs Barker Gosling Lawyers (Plaintiff) SOLICITORS : Hunt & Hunt (Defendant)
LOWER COURT JURISDICTION :
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