ENNIS v TCN CHANNEL NINE PTY LIMITED [2007] NSWSC 1106

New South Wales Supreme Court

CITATION : ENNIS v TCN CHANNEL NINE PTY LIMITED [2007] NSWSC 1106

HEARING DATE(S) : 17 and 26 September 2007

JUDGMENT DATE : 8 October 2007

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

DECISION : On 10 October 2007 the parties provided draft minutes of order and following argument as to costs, the following orders were made: 1. Leave granted to the plaintiff to commence these proceedings under s 9(3) of the Defamation Act 1974.; 2. The plaintiff to file and serve an amended statement of claim within 7 days.; 3. The parties approach the list clerk for the purpose of obtaining a s 7A hearing date.; 4. Should any imputation be found by the jury to arise and to be defamatory at the s 7A trial, then these proceedings are to be consolidated with Supreme Court of New South Wales proceedings 20093 of 2006.; 5. Costs will be costs in the cause.; 6. Liberty to restore the matter on three days notice to the Defamation List.

CATCHWORDS : DEFAMATION – imputations in original proceedings arising from a television broadcast – fresh proceedings commenced pleading imputations arsing from the introduction to the broadcast – introduction 45 minutes before the main broadcast – attempt by plaintiff to amend statement of claim in original proceedings – amendment not pursued due to concessions made by the defendant – whether the plaintiff is estopped from commencing fresh proceedings – whether leave required to bring fresh proceedings

LEGISLATION CITED : Defamation Act 1974

Henderson v Henderson (1843) 3 Hare 100; 67 ER 313, 319 CASES CITED : Lee & Anor v Kim [2006] NSWCA 384 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589

PARTIES : Kevin John Ennis (Pltf) TCN Channel 9 (Def)