Younan v Nationwide News Pty Ltd [2013] NSWCA 335

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Hearing dates: 27 September 2013 Decision date: 11 October 2013 Before: Bathurst CJ at [1] Beazley P at [2] Macfarlan JA at [3] Decision: (1)Grant the plaintiffs leave to appeal. (2)Allow the appeal. (3)Set aside orders made at first instance on 12 December 2012. (4)Grant the plaintiffs leave to amend their particulars of identification by adding to particular (c) under paragraphs 7 and 9 of the Amended Statement of Claim: "Such readers were so aware at various times respectively prior to publication, further particulars of which will be supplied forthwith". (5)Dismiss the defendants' notice of motion filed on 27 November 2012. (6)Order the plaintiffs to pay the defendants' costs of that notice of motion, of the plaintiffs' application for leave to appeal and of the plaintiffs' appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DEFAMATION - identification of plaintiffs - plaintiffs operated a boarding house - boarding house featured in newspaper and internet article concerning deaths over 14 month period prior to plaintiffs commencing to operate it - whether article reasonably capable of identifying the plaintiffs to readers with knowledge of particularised extrinsic facts Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Amalgamated Television v Marsden (1998) 43 NSWLR 158 Aon Risk Services Aust Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Dare v Pulham [1982] HCA 70; 148 CLR 658 Favell v Queensland Newspapers [2005] HCA 52; 79 ALJR 1716 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Knupffer v London Express Newspaper Ltd Love v Mirror Newspapers Ltd [1980] 2 NSWLR 112 Mirror Newspapers Ltd v Harrison [1982] HCA 50; 149 CLR 293 Mirror Newspapers Ltd v World Hosts Pty Ltd [1979] HCA 3; 141 CLR 632 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Nu-Tec v ABC [2010] NSWSC 711 Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Universal Communication Network v Chinese Media Group (Aust) Pty Ltd [2008] NSWCA 1; Aust Torts Reports 81-932; Water Board v Moustakas [1988] HCA 12; 180 CLR 491 Category: Principal judgment Parties: Eddy Younan (First Appellant) Jocelyn Younan (Second Appellant) Nationwide News Pty Ltd (First Respondent) Peter Bodkin (Second Respondent) Representation: Counsel: K P Smark SC/S Chrysanthou (Appellants) A Leopold SC/L Barnett (Respondents) Solicitors: Kalantzis Lawyers (Appellants) Ashurst Australia (Respondents) File Number(s): CA 2012/395535 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 1528 Date of Decision: 2012-12-12 00:00:00 Before: Nicholas J File Number(s): SC 2012/289973