NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2012] NSWSC 1136 Hearing dates: 15 September 2011 Decision date: 21 September 2012 Before: McCallum J Decision: Proceedings at the suit of the first plaintiff dismissed Catchwords: DEFAMATION - entitlement of non-trading corporation to maintain claim - shelf company sharing name of business conducted by another company within the same corporate group - other company not entitled to sue - publication plainly directed at the business of the other company
DEFAMATION - identification - whether plaintiff named in matters complained of - whether particulars of identification required - whether particulars provided capable of sustaining claim Legislation Cited: Defamation Act 2005 Corporations Act 2001 Uniform Civil Procedure Rules 2005 Cases Cited: NSW Aboriginal Land Council v Jones (1998) 43 NSWLR 300 Channel Seven Sydney Pty Ltd v Parras [2002] NSWCA 202 Craftsman Homes Australia Pty Ltd v TCN Channel Nine Pty Ltd [2003] NSWSC 124 Derbyshire CC v Times Newspapers Ltd [1993] AC 534 Lee v Wilson & MacKinnon (1934) 51 CLR 276 Lewis v Daily Telegraph Ltd [1964] AC 234 McDonalds Corporation v Steel, March 31, 1999 (unreported, English Court of Appeal) Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Multigroup Bulgaria Ltd v Oxford Analytica Ltd [2001] EWHC 582 Texts Cited: Gatley on Libel and Slander Category: Interlocutory applications Parties: Palace Films (first plaintiff) Antonio Zeccola (second plaintiff) Benjamin Zeccola (third plaintiff) Fairfax Media Publications (first defendant) Brian Rosen (second defendant) Michaela Boland (third defendant) Screenhub Pty Ltd (fourth defendant) John Paxinos (fifth defendant) Alexander Prior (sixth defendant) Representation: Counsel: R Rasmussen, later C Evatt (plaintiffs) ATS Dawson (first, second and third defendants) M Richardson (fourth, fifth and sixth defendants) Solicitors: Millens Pty Ltd (plaintiffs) Banki Haddock Fiora (first to third defendants) Kennedys (Australasia) Pty Ltd (fourth to sixth defendants) File Number(s): 2009/297851 Publication restriction: None
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