Dank v Cronulla-Sutherland District Rugby League Football Club Ltd (No 3) [2013] NSWSC 1850

Supreme Court New South Wales

Medium Neutral Citation: Dank v Cronulla-Sutherland District Rugby League Football Club Ltd (No 3) [2013] NSWSC 1850 Hearing dates: 5 December 2013 Decision date: 06 December 2013 Before: McCallum J Decision: Proceedings as against 1st and 6th defendants dismissed; plaintiff ordered to pay their costs, such costs to be assessed on an indemnity basis; claim against 4th defendant struck out with leave to replead; plaintiff ordered to pay 4th defendant's costs of the argument. Catchwords: DEFAMATION - pleadings - plaintiff seeking to sue on oral publication - where several separate statements pleaded as if they were one single continuous publication - where plaintiff chose not to interrogate after obtaining leave to do so Cases Cited: Dank v Cronulla-Sutherland District Rugby League Football Club Ltd [2013] NSWSC 1101 Dank v Whittaker (No 1) [2013] NSWSC 1062 Thiess v TCN Channel Nine Pty Ltd (No 5) (1994) 1 Qd R 156 Webb v Bloch [1928] HCA 50; (1928) 41 CLR 331 Category: Interlocutory applications Parties: Stephen Dank (plaintiff) Cronulla-Sutherland District Rugby League Football Club Ltd (first defendant) Nine Network Australia Pty Ltd (second defendant) Peter Overton (third defendant) Phil Rothfield (fourth defendant) Sarah Harris (fifth defendant) Damien Irvine (sixth defendant) Representation: Counsel: K Smark (plaintiff) P M Wass SC (first and sixth defendants) L Barnett (fourth defendant) (second, third and fifth defendants excused from attending) Solicitors: Cambridge Law (plaintiff) Moray & Agnew (first and sixth defendants) Johnson Winter & Slattery (second, third and fifth defendants) Ashurst Australia (fourth defendant) File Number(s): 2013/92779 Publication restriction: None