PRESTON v HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LTD & ORS [2004] NSWSC 520

New South Wales Supreme Court

CITATION : PRESTON v HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LTD & ORS [2004] NSWSC 520 HEARING DATE(S) : 15 December 2003 JUDGMENT DATE : 18 June 2004

JUDGMENT OF : Levine J DECISION : 1. Pursuant to SCR Pt 31 r 2 questions as to whether the matter complained of was published by the sixth defendant and, if it was, whether it carries any imputation defamatory of the plaintiff, be tried by jury before and separately from any other question in the proceedings.; 2. The plaintiff is to pay the first, second, third and fourth defendants' costs of the motion.; 3. Particulars B1-8 in the plaintiff's solicitor's letter dated 5 August 2003 (Annexure A to affidavit of M G Coffey sworn 11 December 2003) are struck out.

CATCHWORDS : Defamation - vicarious liability -s7A trial - limited issue LEGISLATION CITED : Defamation Act 1974 s7A Colonial Mutual Life Assurance Society Ltd v The Producers and Citizens Co-operative Assurance Company of Australia Ltd (1931) 46 CLR 41 Doan & Anor v Advanced Microdevices Inc & Ors [2003] NSWSC 560 CASES CITED : Griffith v Australian Broadcasting Corporation [2003] NSWSC 298 New South Wales Country Press Co-operative Co. Ltd v George Andrew Stewart (1911) 12 CLR 481 Webb v Bloch (1928) 41 CLR 331 ALEXANDER PRESTON (Plaintiff)

v

HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LTD (ACN 003 406 611) (First Defendant)

TERENCE SEAN McCABE (Second Defendant) PARTIES : COLIN BRUCE PAUSEY (Third Defendant)