Walsh v Nationwide News Pty Ltd [2011] NSWDC 42

District Court New South Wales

Medium Neutral Citation: Walsh v Nationwide News Pty Ltd [2011] NSWDC 42 Hearing dates: 6 June 2011 Decision date: 17 June 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The parties are to exchange an outline of jury issues (referring to any special rulings sought on imputations, contextual imputations and/or damages) in 21 days. (2) Matter stood over to Wednesday 10 August 2011 at 9:30am before Gibson DCJ for the parties to hand up draft Questions for the jury and advise of any area of dispute concerning the form and content of the Jury Questions. (3) Note that the plaintiff foreshadows but does not bring today, an application for leave to file a Rely and to plead back the contextual imputations and accordingly Gibson DCJ will provide a short case management judgment setting out the matters discussed this morning. (4) Transcript of this morning taken out as a matter of urgency. (5) Grant leave to file in court the affidavit of Ms Marlia Ruth Saunders. (6) Liberty to apply to the trial judge. Catchwords: TORT - defamation - case management Legislation Cited: Defamation Act 2005 (NSW), ss 25, 26, 31 Cases Cited: Ahmadi v Fairfax Media Publications Pty Ltd [2010] NSWSC 702 Ahmed v Nationwide News Pty Limited [2010] NSWDC 268 Aktas v Westpac Banking Corporation Ltd [2010] HCA 25 Beck v Brener (District Court of New South Wales, Bozic DCJ, 5 May 2011) Corby v Channel Seven Sydney Pty Ltd [2008] NSWSC 245 Creighton v Nationwide News Pty Ltd (No. 2) [2010] NSWDC 192 Davis v Nationwide News Pty Ltd [2008] NSWSC 699 Hughes v ISPT Pty Ltd (No. 2) [2010] NSWDC 282 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 Lee v Keddie [2011] NSWCA 2 RZ Mines (Newcastle) Pty Ltd v Newcastle Newspapers Pty Ltd (Supreme Court of New South Wales, Hunt CJ, 16 November 1994) Shandil v Sharma [2010] NSWDC 273 Sharma v Shandil [2011] NSWCA 155 Skalkos v Assaf (2002) Aust Torts Reports 81-644; [2002] NSWCA 14 Texts Cited: New South Wales Bar Association's Submission to the Attorney General's Review of the Defamation Act 2005 (NSW) Category: Interlocutory applications Parties: Plaintiff: Susan Walsh Defendant: Nationwide News Pty Ltd (ACN 008 438 828) Representation: Plaintiff: Mr R Weaver Defendant: Mr J Hmelnitsky Plaintiff: NcNally Jones Staff Defendant: Blake Dawson File Number(s): 2010/100017 Publication restriction: -