Visscher v Maritime Union of Australia (No 3) [2013] NSWSC 1565

Supreme Court New South Wales

Medium Neutral Citation: Visscher v Maritime Union of Australia (No 3) [2013] NSWSC 1565 Hearing dates: 25 October 2013 Decision date: 25 October 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The application to amend the Defence is refused. 2. The tender of the Industrial Relations Commissioner's judgment dated 20.05.03 and the internet publication "workplace express" dated 21.05.13 is rejected. Catchwords: AMENDMENT - application to amend defence to plead plaintiff's bad reputation - material relied on not in same "sector" as reputation said to be imperilled by imputations - application refused. Legislation Cited: - Uniform Civil Procedure Rules 2005 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Australian Broadcasting Corporation v McBride [2001] NSWCA 322; 53 NSWLR 430 - Chappell v Mirror Newspapers Ltd (1984) Aust Tort Reports 80-691 - O'Hagan v Nationwide News Pty Ltd [2001 NSWCA 302; 53 NSWLR 89 - Visscher v BHP [2003] AIRC 536 Category: Procedural and other rulings Parties: Timothy Visscher (Plaintiff) Maritime Union of Australia (Defendant) Representation: Counsel: T. Molomby SC, Ms L. Goodchild (Plaintiff) R.K. Weaver (Defendant) Solicitors: Roderick Storie Solicitors (Plaintiff) Slater & Gordon (Defendant) File Number(s): 2011/339947