Dank v Whittaker (No 1) [2013] NSWSC 1062

Supreme Court New South Wales

Medium Neutral Citation: Dank v Whittaker (No 1) [2013] NSWSC 1062 Hearing dates: 6 August 2013 Decision date: 07 August 2013 Before: McCallum J Decision: In proceedings 2013/157114, pleadings as against the second defendant, Dr Larkins, struck out with leave to replead. In proceedings 2013/184586, pleadings as against the third defendant, Professor Ho, struck out with leave to replead. Catchwords: DEFAMATION - publication - expert opinions attributed to defendant doctors quoted in newspaper articles - where no allegation of control over or assent to final versions of articles - test for joint liability as a publisher of the whole matter complained of - whether particulars given by plaintiff capable of sustaining plea of publication Cases Cited: Craftsman Homes Australia Pty Ltd v Nine Network Australia Pty Ltd [2002] NSWSC 555 Palace v Fairfax Media Publications [2010] NSWSC 415 Seary v Molomby (unreported, Supreme Court of New South Wales, 23 August 1999 Speight v Gosney (1891) 60 LJQB 231 Thiess v TCN Channel Nine Pty Ltd (No 5) [1994] 1 Qd R 156 Webb v Bloch [1928] HCA 50; (1928) 41 CLR 331 Texts Cited: Gatley on Libel and Slander Category: Interlocutory applications Parties: 2013/157114: Stephen Dank (plaintiff) Paul Whittaker (first defendant) Dr Peter Larkins (second defendant) Dr Tricia Kavanagh (third defendant) Darren Kane (fourth defendant) Rebecca Wilson (fifth defendant) James Hooper (sixth defendant) Josh Massoud (seventh defendant)