Craftsman Homes Australia Pty Limited & 3 Ors v TCN Channel Nine Pty Limited & 2 Ors [2006] NSWSC 519

New South Wales Supreme Court

CITATION : Craftsman Homes Australia Pty Limited & 3 Ors v TCN Channel Nine Pty Limited & 2 Ors [2006] NSWSC 519 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 8-19 November 2004, 7-15 February 2005, 22-23 March 2005, 12 & 15 April 2005

JUDGMENT DATE : 2 June 2006

JUDGMENT OF : Smart AJ at 1

DECISION : See paras 1075 to 1077

CATCHWORDS : Defamation - Two National telecasts (Promo & Program) - Imputations in context - ambit of imputations - defence of substantial truth and matters of public interest - extended review of construction of four houses - statutory defence of comment in NSW and corresponding defences in other States and Territories - proper material for comment, public interest, comment of defendant, of servant or agent and of stranger - facts sufficiently stated or identified - Trespass at Edmondson Park - Mr Cox lessee of premises - whether his companies had sufficient title to sue - bad instance of tort - compensatory, aggravated and exemplary damages awarded - Trespass at the Mosses - whether Ilvarity in possession at time of alleged trespass when off site for over 18 months - construction of building agreement - Ilvarity not in possession and at best entitled to possession when suspension of contract ceased - insufficient title to sue - False Representation and Misleading and Deceptive Conduct established - These causes of action available - plaintiffs not limited to damages for defamation and trespass but double counting avoided - Operation of s 65A of Trade Practices Act and corresponding State Acts - Promo was advertising - Causation under legislative causes of action - false representations etc enabling greater attack on plaintiffs by telecaster enhancing program