NSW Caselaw
New South Wales Supreme Court
CITATION : Fierravanti-Wells v Nationwide News Pty Ltd & Anor [2010] NSWSC 648
HEARING DATE(S) : 8 June 2010
JUDGMENT DATE : 21 June 2010
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
(i) In respect of the first article: Imputations b, c, e, f, g, h, i and j are struck out. DECISION : (ii) In respect of the second article: Imputations a, b, c, e, h and j are struck out. (iii) I order the plaintiff to pay the defendants' costs of the proceedings.
CATCHWORDS : DEFAMATION – objections to imputations – whether imputations reasonably capable of having been conveyed – form of imputations
LEGISLATION CITED : Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
Senator Concetta Fierravanti-Wells (Plaintiff) PARTIES : Nationwide News Pty Ltd (First Defendant) Linda Silmalis (Second Defendant)
FILE NUMBER(S) : SC 2010/85259
COUNSEL : R Rasmussen (Plaintiff) D Sibtain (Defendants)
SOLICITORS : N J Papallo & Co (Plaintiff) Blake Dawson (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
Simpson J
21 June 2010
2010/85259 Senator Concetta Fierravanti-Wells v Nationwide News Pty Ltd & Anor
JUDGMENT 1 HER HONOUR: By amended statement of claim filed on 23 April 2010 (the original having been filed on 7 April 2010) the plaintiff, Senator Concetta Fierravanti-Wells, claims, against the defendants, damages in defamation. The proceedings arise out of articles published in two separate editions of a newspaper, the Sunday Telegraph, dated, respectively, 27 December 2009 and 10 January 2010. 2 As required by UCPR 14.30(2)(a), the plaintiff has specified the imputations she claims were conveyed by the articles; in the case of each article, she has identified 10 defamatory imputations. 3 The defendants have raised certain objections to the imputations as pleaded. The present judgment arises from a separate trial of the issues raised by the defendants' notice of objection.
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