Ultrasonic Slimming Pty Ltd v Fairfax Media Publications Pty Ltd [2013] NSWSC 1987

Supreme Court New South Wales

Medium Neutral Citation: Ultrasonic Slimming Pty Ltd v Fairfax Media Publications Pty Ltd [2013] NSWSC 1987 Hearing dates: 1 July 2013 Decision date: 01 July 2013 Jurisdiction: Common Law Before: Rothman J Decision: 1. Imputations (b), (h)(i) [on the basis of the use of the word "surgery" only], (j)(i) and (n)(ii) contained in paragraph 6 of the Amended Statement of Claim (as amended in correspondence and discussion between the parties) be struck out. 2. Imputations (c)(i), (c)(ii), (f)(i), (i)(i), (m), (n)(i), (n)(ii) be allowed. 3. The Plaintiffs shall particularise the alleged "incompetence" said to arise and pleaded in imputation (q). 4. The word "wrongly" where used in the imputations is struck out. Catchwords: DEFAMATION - imputations - practice and procedure - directions issued Cases Cited: Amalgamated Television Services v Marsden [1998] NSWSC 4; (1998) 43 NSWLR 158 David Syme & Co v Canavan [1918] HCA 50; (1918) 25 CLR 234. Drummoyne MC v ABC (1990) 21 NSWLR 135 Ma Ching Kwan v John Fairfax Publications Pty Ltd [1998] NSWSC 321 Morris v Newcastle Newspapers Pty Ltd (1985) 1 NSWLR 260 at 271 Category: Principal judgment Parties: Ultrasonic Slimming Pty Ltd (First Plaintiff) Juliet Young (Second Plaintiff) Leo Van Den Heuvel (Third Plaintiff) Fairfax Media Publications Pty Ltd (First Defendant) Melissa Davey (Second Defendant) Suzie Driver (Third Defendant) Representation: Counsel: C Evatt; R Rasmussen (Plaintiff) ATS Dawson (Defendant) Solicitors: Cambridge Law (Plaintiffs) Banki Haddock Fiora (Defendant) File Number(s): 2013/71789 Publication restriction: None