Matthew Jonathan Hyndes v Nationwide News Pty Limited [2011] NSWSC 633

Supreme Court New South Wales

Medium Neutral Citation: Matthew Jonathan Hyndes v Nationwide News Pty Limited [2011] NSWSC 633 Hearing dates: 15 June 2011 Decision date: 24 June 2011 Before: McCallum J Decision: Leave granted to defendant to file a further amended defence in accordance with the Court's reasons Catchwords: DEFAMATION - defences - defence of truth under s25 of the Defamation Act 2005 - whether particulars of truth sought to be relied upon by the defendant liable to be struck out - defence of contextual truth under s26 of the Defamation Act 2005 - whether proposed contextual imputation capable of arising at the same time as and in addition to the plaintiff's imputations - Hore-Lacy imputation - where not truly alternative to plaintiff's imputations Legislation Cited: Defamation Act 1974 Defamation Act 2005 Uniform Civil Procedure Rules Cases Cited: Allen v John Fairfax & Sons [NSWCA, 2 December 1988, unreported] Ange v Fairfax Media Publications Pty Limited [2010] NSWSC 645 Buckeridge v Walter [2010] WASCA 134 Con Ange v Fairfax Media Publications Pty Ltd [2011] NSWSC 204 John Fairfax Publications Pty Limited v Hitchcock [2007] NSWCA 364 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 State of NSW v Deren [1999] NSWCA 22 Category: Interlocutory applications Parties: Matthew Jonathan Hyndes Nationwide News Pty Limited Representation: Counsel K Smark SC (plaintiff) D Sibtain (defendant) Solicitors Kalantzis Lawyers (plaintiff) Blake Dawson Waldron (defendant) File Number(s): 2009/297826 Publication restriction: None