Barach v The University of New South Wales [2011] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: Barach v The University of New South Wales [2011] NSWSC 99 Hearing dates: 14 December 2010 Decision date: 03 March 2011 Before: Kirby J Decision: 1. The imputations pleaded by the plaintiff should go to the jury, apart from imputations 12.4, 16.4, 23.7, 42.3, 67.3 and 73.3. 2. Imputation 88.1 should go to the jury as an innuendo, based upon the extrinsic facts. 3. The plaintiff has leave to replead imputations 42.6, 43.2, 49.8, 55.1, 59.3, 67.2 and 73.2. 4. Defendants to pay 80% of plaintiff's costs. 5. After correspondence it is noted that the first defendant is to pay the costs of the plaintiff. Catchwords: DEFAMATION - Action for defamation - Pleadings - Whether imputations capable of being conveyed - Whether bad in form - Whether combination of concepts gives rise to a "comprehensible charge" - Whether form leads to confusion at pleading stage or trial - Slander (conversations between academics) and libel Cases Cited: Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 Jones v Skelton (1963) SR (NSW) 644 Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Feros v West Sydney Radio Pty Ltd (Court of Appeal, 22 June 1982, unreported) Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 John Fairfax & Sons Ltd v Foord (1998) 12 NSWLR 706 Whelan v John Fairfax & Sons Ltd (1988) 12 NSWLR 148 Lewis v Daily Telegraph Ltd [1964] AC 234 Jackson v John Fairfax & Sons Ltd [1981] 1 NSWLR 36 Maisel v Financial Times Ltd (1915) 112 LT 953 Vella v TCN Channel 9 Pty Ltd [2000] NSWSC 759 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 Category: Principal judgment Parties: Paul Randall Barach (Plaintiff) The University of New South Wales (First Defendant) Raphael Hilary Grzebieta (Second Defendant) Ann Williamson (Third Defendant) Andrew McIntosh (Fourth Defendant) David Michael Ward (Fifth Defendant) Richard Henry (Sixth Defendant) Harold Karaka (Seventh Defendant) Lori Mooren (Eighth Defendant) Representation: Counsel: Mr T Blackburn SC and Mr MA Friedgut (Plaintiff) Mr D Sibtain (First Defendant) Mr M Richardson (Second, Third, Fourth, Fifth, Sixth and Eighth Defendants) No appearance for the Seventh Defendant Solicitors: Harmers Workplace Lawyers (Plaintiff) Blake Dawson (First Defendant) Banki Haddock Fiora (Second, Third, Fourth, Fifth, Sixth and Eighth Defendants) File Number(s): SC 2010/136384