Corby v Allen & Unwin Pty Ltd (No 2) [2013] NSWSC 617

Supreme Court New South Wales

Medium Neutral Citation: Corby v Allen & Unwin Pty Ltd (No 2) [2013] NSWSC 617 Hearing dates: 17 May 2013 Decision date: 23 May 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) The following imputations are struck out: (a) In proceedings 340887 of 2012 (brought by Mercedes), (b). (b) In proceedings 348219 of 2012 (brought by Michael Jnr), (a). (2) Costs of this application are reserved and are to be determined together with any application for costs arising out of the earlier hearing on 27 and 28 March 2013. Catchwords: DEFAMATION-application to strike out imputation-whether imputation has capacity to lower plaintiff in estimation of others

DEFAMATION-application to strike out imputation-whether imputation capable of arising-importance of context Cases Cited: - Corby v Allen v Unwin Pty Limited [2013] NSWSC 308 - Gordon v Amalgamated Television Services Pty Ltd [1980] 2 NSWLR 410 - John Fairfax Publications Pty Ltd v Obeid [2005] NSWCA 60; 64 NSWLR 485 - Morosi v Broadcasting Station 2 GB Pty Limited (unreported, Court of Appeal, 28 September 1978; to be found at [1980] 2 NSWLR 418) - Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16; 238 CLR 460 - Wake v John Fairfax & Sons Ltd [1973] 1 NSWLR 43 Category: Procedural and other rulings Parties: Mercedes Pearl Esma Corby (Plaintiff) Michael Corby Jnr (Plaintiff) Allen & Unwin Pty Ltd (First Defendant) Eamonn Duff (Second Defendant) Representation: Counsel: KP Smark SC (Plaintiff) ATS Dawson (Defendants) Solicitors: Kalantzis Lawyers (Plaintiffs) Banki Haddock Fiora (Defendants) File Number(s): 2012/340887; 2012/348219 Publication restriction: Nil