Konstantinidis v Foreign Media Pty Limited & Ors [2004] NSWSC 835

New South Wales Supreme Court

CITATION : Konstantinidis v Foreign Media Pty Limited & Ors [2004] NSWSC 835 HEARING DATE(S) : 02/07/04, 27/08/04, 08/09/04 JUDGMENT DATE : 20 September 2004

JUDGMENT OF : Buddin J DECISION : Judgment for the plaintiff in the sum of $100,000. Order the fourth defendant to pay the plaintiff's costs.

CATCHWORDS : DEFAMATION - Assessment of damages LEGISLATION CITED : Civil Liability Act 2002 Defamation Act 1974 Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Andrews v John Fairfax & Sons Limited (1980) 2 NSWLR 225 Bateman v Shepherd & Ors SC (ACT) 4 February 1997 CASES CITED : Broome v Cassell & Co Ltd [1972] AC 1027 Carson v John Fairfax & Sons Ltd (1992-3) 178 CLR 44 Crampton v Nugawela (1996) 41 NSWLR 176 Rogers v Nationwide News Pty Ltd (2003) 77 ALJR 1739 Triggell v Pheeney (1951) 82 CLR 497 at 514 PARTIES : Simon Konstantinidis (Plaintiff) George Stavroulakas (Fourth Defendant) FILE NUMBER(S) : SC 20998/1996 COUNSEL : M Lynch (Plaintiff) Fourth Defendant in person SOLICITORS : Mallesons Stephen Jaques (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

MONDAY 20 SEPTEMBER 2004

20998/96 - KONSTANTINIDIS v FOREIGN MEDIA PTY LIMITED & ORS

JUDGMENT 1 HIS HONOUR: In September 1996 the plaintiff, who is a solicitor, instituted proceedings in which he sought damages arising from what he alleged were defamatory remarks made about him in three radio programs, two of which were broadcast on 28 August 1996 and a further one which was broadcast the following day. The first defendant is a company which, at the relevant time, held a narrow band area service licence, pursuant to which it broadcast to its subscribers a program in the Greek language, known as the "Voice of Greece". The second defendant, Theo Skalkos, is the director and one of the two shareholders of the company. 2 On 29 August 2002, a jury having been empanelled for the purpose pursuant to s 7A of the Defamation Act 1974, found that the matters complained of in the first broadcast on 28 August 1996 conveyed the following imputations in respect of the plaintiff. Each such imputation was also held to be defamatory of the plaintiff.