NSW Caselaw
New South Wales Supreme Court
CITATION : Coates v Harbour Radio Pty Ltd & Anor [2008] NSWSC 292
HEARING DATE(S) : 26/04/07, 27/04/07, 30/04/07, 4/05/07
JUDGMENT DATE : 4 April 2008
JURISDICTION : Common Law Defamation List
JUDGMENT OF : Adams J at 1
DECISION : In respect of the bullying imputations, the sum of $130,000, in respect of the cover-up imputations, the sum of $130,000 and, in respect of the incompetence imputations, the sum of $100,000. I will deal with the questions of interest and costs after submissions on the point.
CATCHWORDS : Defamation - justification - whether statement of fact or comment - if comment, whether based on true facts sufficiently referred to - whether comment must be reasonable.
LEGISLATION CITED : Associations Incorporation Act (Vic) Defamation Act 1974 s 7A, 30(3)
CATEGORY : Principal judgment
John Fairfax Publications v O'Shane (2005) NSWCA 164 CASES CITED : Kemsley v Foot [1955] AC 345 Syms v Wran [1984] 1NSWLR 317
TEXTS CITED : Odgers on Libel and Slander 6th ed 1929 at 166
John Dowling COATES (Plaintiff) PARTIES : Harbour Radio Pty Limited (First defendant) Alan JONES (Second defendant)
FILE NUMBER(S) : SC 20443/04
COUNSEL : Mr B R McClintock SC with Mr M F Richardson (Plaintiff) Mr T K Tobin QC with Mr T D F Hughes (Defendants)
SOLICITORS : Kennedys Lawyers (Plaintiff) Johnson Winter & Slattery (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
ADAMS J
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