EZZO v GRILLE [2004] NSWSC 522

New South Wales Supreme Court

CITATION : EZZO v GRILLE [2004] NSWSC 522 HEARING DATE(S) : 15 December 2003 JUDGMENT DATE : 18 June 2004

JUDGMENT OF : Levine J DECISION : 1. The plaintiff, in accordance with these reasons, is to provide particulars of the facts, matters and circumstances upon which he relies in asserting that the defendant published the matter on the internet.; 2. Imputations 1, 2, 3, 4, 7, 15 and 16 are struck out with leave to replead.; 3. Imputations 5, 8, 9, 10, 12, 13 and 17 are capable of being carried by the matter complained of and capable of being defamatory.; 4. Imputations 6, 11 and 14 I find to be incapable of being carried by the matter complained of and enter a verdict for the defendant in respect of those causes of action.; 5. The plaintiff has leave to file an amended statement of claim in accordance with these reasons within 14 days of today.; 6. The plaintiff is to pay the defendant's costs thrown away by the amendment of 14 December, otherwise each party is to pay his own costs.; 7. I place the matter in the Registrar's List for directions on Wednesday 7 July 2004.

CATCHWORDS : Defamation - internet publication - particulars of uploading - imputations - capacity - form Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 CASES CITED : Feros v West Sydney Radio Pty Ltd (Court of Appeal, 27 June 1982, unreported); Greek Herald Pty Ltd v Nikolopoulos (2002) 54 NSWLR 165 John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Whelan v John Fairfax Publications & Sons Ltd (1988) 12 NSWLR 148 GARY EZZO (Plaintiff)