NSW Caselaw
New South Wales Court of Appeal
CITATION: Dennis v Australian Broadcasting Corporation [2008] NSWCA 37
HEARING DATE(S): 19 March 2008
JUDGMENT DATE: 1 April 2008
JUDGMENT OF: Spigelman CJ at 1; Basten JA at 34; Campbell JA at 35
1 Grant leave to appeal from the judgment of Nicholas J of 6 February 2007. DECISION: 2 Set aside his Honour's order striking out the imputations pleaded by the plaintiff at pars 3(b), 3(c), 3(f) and 3(h) of the Fourth Further Amended Statement of Claim. 3 Refuse leave to appeal from the judgment of Nicholas J of 7 February 2007. 4 The respondent pay half the costs of the appeal of the applicant/appellant.
CATCHWORDS: Defamation – Publications – Television broadcast – Whether capable of conveying defamatory "acquiescence" imputations - Practice and Procedure – Pleadings – Whether leave to be granted to amend pleadings
Civil Procedure Act 2005 LEGISLATION CITED: Defamation Act 1974 Uniform Civil Procedure Rules 2005
CASES CITED: Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 79 ALJR 1716 Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146
PARTIES: Noel Dennis (Applicant/Appellant) Australian Broadcasting Corporation (Respondent)
FILE NUMBER(S): CA 40096/07
COUNSEL: C A Evatt and C J Dibb (Applicant/Appellant) A T S Dawson (Respondent)
SOLICITORS: Dennis & Co (Applicant/Appellant) Australian Broadcasting Corporation, Legal Services (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 20077/06
LOWER COURT JUDICIAL OFFICER: Nicholas J
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