Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118

New South Wales Supreme Court

CITATION : Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118

HEARING DATE(S) : 10 September 2007

JUDGMENT DATE : 9 October 2007

JUDGMENT OF : Nicholas J

DECISION : Para 18.

CATCHWORDS : DEFAMATION - pleadings - imputions of "reasonable suspicion" - specificity of imputations - whether imputations should be struck out as bad in form

LEGISLATION CITED : Uniform Civil Procedure Rules (2005) Pt 14 r 14.28, r 14.30

Drummoyne Municipal Council v Australian Boadcasting Corporation (1990) 21 NSWLR 135 Evans v Granada Television [1996] EMLR 429 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 CASES CITED : King v Telegraph Group Ltd (2004) EWCA Civ 613; (2005) 1 WLR 2282 Purcell & Anor v Cruising Yacht Club of Australia Pty Ltd & Ors (2002) NSWSC 557 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Shah v Standard Chartered Bank [1999] QB 241 Whelan v John Fairfax and Sons Ltd (1998) 12 NSWLR 148

PARTIES : Michelina Greig - Plaintiff WIN Television NSW Pty Ltd - Defendant

FILE NUMBER(S) : SC 20207/07

COUNSEL : E Cheeseman - Plaintiff M Lynch - Defendant

SOLICITORS : Bussoletti Lawyers - Plaintiff Banki Haddock Fiora - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DEFAMATION LIST

Nicholas J

Tuesday 9 October 2007

20207/07 Michelina Greig v WIN Television Pty Ltd JUDGMENT 1 HIS HONOUR: These reasons concern the defendant's application under Pt 14 r 14.28(1)(b) to have struck out the imputations pleaded in paras 5(c) and (e), and 7(c) and (e), of the statement of claim on the ground that each is bad in form. There was no issue as to capacity. 2 Imputations 5(c) and 7(c) are pleaded in the following terms: "(c) The plaintiff conducted herself in such a way so as to give rise to the reasonable suspicion that in handling a planned councillor technology upgrade for the Shellharbour City Council she had acted corruptly in accepting Blackberry devices from private communications representatives" 3 Imputations 5(e) and 7(e) are pleaded in the following terms: "(e) The plaintiff conducted herself in such a way so as to give rise to the reasonable suspicion that she had acted corruptly in presenting a technology upgrade proposal to the Shellharbour City Council in return for receiving Blackberry devices from private communications representatives" 4 These imputations are claimed to have been conveyed by the natural and ordinary meaning of the matter published by the defendant on 28 March 2007 in a television news programme and on its internet site, which was in the following terms: "Questions are being raised at Shellharbour City Council, over Deputy Mayor Michelle Greig's handling of planned councillor technology upgrade, while filling in for Mayor David Hamilton. The project involved updating councillor communication technology requirements. WIN News understands Ms Greig had a meeting with private communication representatives and later received two Blackberry devices. It's believed the technology upgrade proposal had been listed on Council's business papers for a vote before council, but was taken off by General Manager Brian Weir and referred to the Independent Commission Against Corruption after he discovered a meeting had taken place. As the matter didn't go to council, ICAC did not deliver a finding, however suggested the issue instead be referred back before Council's Code of Conduct Committee. Council and Ms Greig have declined to comment."