Kenny v Australian Broadcasting Corporation [2014] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Kenny v Australian Broadcasting Corporation [2014] NSWSC 190 Hearing dates: 5 March 2014 Decision date: 06 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Imputation (a) in the statement of claim be struck out. (2) The words "and portrayed as" in imputation (c) be struck out. (3) The plaintiff be granted leave to file and serve an amended statement of claim including an alternative to imputation (c) in a manner consistent with this judgment. (4) The plaintiff file and serve an Amended Statement of Claim within seven days. (5) The costs of this application be both parties' costs in the cause. Catchwords: DEFAMATION - imputations - whether capable of being conveyed - ridicule of plaintiff by television broadcast - whether broadcast capable of conveying what it literally stated and depicted - wide imputation as to plaintiff's character -imputation as to whether plaintiff's conduct justified the ridicule. Legislation Cited: - Defamation Act 2005 (NSW) Cases Cited: - Ahmed v Harbour Radio Pty Ltd [2013] NSWSC 1928 - Charleston v News Group Newspapers Ltd [1995] 2 AC 65 - Coleman v John Fairfax Publications Pty Ltd [2003] NSWSC 564 - Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 - Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300 - Hanson-Young v Bauer Media Ltd [2013] NSWSC 1306 - Hanson-Young v Bauer Media Ltd (No 2) [2013] NSWSC 2029 - Harbour Radio Pty Ltd v Trad [2012] HCA 44; 247 CLR 31 - Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 - Jones v Skeleton [1964] NSWR 485 at 491; [1963] 3 All ER 952 - Kelly v John Fairfax Publications Pty Ltd [2003] NSWSC 586 Category: Interlocutory applications Parties: Christopher Kenny (Plaintiff) Australian Broadcasting Corporation (First Defendant) Andrew Hansen (Second Defendant) Hamster Dwarf Pty Ltd (Third Defendant) Representation: Counsel: B.R. McClintock SC, G. Rubagotti (Plaintiff) R.G. McHugh SC, M.A. Polden (Second and Third Defendants) Solicitors: Kennedys (Plaintiff) ABC Legal (First Defendant) Baker & McKenzie (Second and Third Defendants) File Number(s): 2013/356381