NSW Caselaw
New South Wales Supreme Court
CITATION : Cross v Qld Newspapers Pty Limited [2006] NSWSC 1340 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 09/10/06, 10/10/06, 11/10/06, 12/10/06, 13/10/06, 16/10/06, 17/10/06, 18/10/06, 19/10/06, 20/10/06, 23/10/06, 24/10/06, 25/10/06, 26/10/06, 27/10/06, 30/10/06, 31/10/06, 01/11/06, 02/11/06, 03/11/06, 06/11/06, 07/11/06, 08/11/06, 09/11/06, 10/11/06, 14/11/06, 15/11/06, 16/11/06,17/11/06
JUDGMENT DATE : 6 December 2006
JURISDICTION : COMMON LAW - Defamation List
JUDGMENT OF : Cooper AJ at 1
DECISION : Judgment in favour of the defendant against the plaintiff on each of the imputations sued upon.
CATCHWORDS : Substantial truth
LEGISLATION CITED : Defamation Act 1974 (NSW) Defamation Act 1889 (QLD)
PARTIES : Ronald Malcolm Cross Queensland Newspapers Pty Limited
FILE NUMBER(S) : SC 20191/03
Mr C Evatt/ Ms J Rawlings for Plaintiff COUNSEL : Mr J.S. Wheelhouse SC / Mr M Richardson for Defendant
Richard Licardy & Co Solicitors & Attorneys-at-law for Plaintiff SOLICITORS : Thynne & Macartney (Brisbane) Kemp Strang (Sydney agents) for Defendant
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT FILE NUMBER(S) : 20191/03
- 129 -
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
COOPER AJ
WEDNESDAY, 6 DECEMBER 2006
20191/03 RONALD MALCOLM CROSS v QUEENSLAND NEWSPAPERS PTY LTD
JUDGMENT
Introduction 1 HIS HONOUR: In this action the plaintiff sues to recover damages on the grounds of defamation in respect of articles published in New South Wales and Queensland in the Courier Mail Newspapers in which the defendant is the proprietor. 2 The first article was published on 20 June 2003 and is entitled "Marketeer aims for the South". A copy is annexed and marked "A". The paragraphs have been numbered for convenience. 3 The second article was published on 1 July 2003 and is entitled "Coast Marketeer targeted in raid". A copy is annexed hereto and marked "B". Here again the paragraphs have been numbered for the sake of convenience. 4 On 21 October 2004 the jury found the following imputations to be carried and to be defamatory, namely:-
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