MacDonald v Australian Broadcasting Corporation [2014] NSWSC 206

Supreme Court New South Wales

Medium Neutral Citation: MacDonald v Australian Broadcasting Corporation [2014] NSWSC 206 Hearing dates: 4 March 2014 Decision date: 04 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Order the plaintiff to file and serve the amended statement of claim with any necessary amendments to Schedules A and B by 11 March 2014. 2. The plaintiff to serve all facts, matters and circumstances of publication of the second matter complained of including the identity of any person he proposes to rely on (other than the plaintiff himself) who viewed the second matter complained of by 11 March 2014. 3. Order the defendant to file and serve its defence by 11 April 2014. 4. Order that the application be otherwise dismissed. 5. Order that costs of this application be the parties' costs in the cause. 6. Direct that Exhibit A be returned to the Defendant. 7. The proceedings are stood over to 15 April 2014 at 9.00am before the Registrar for directions. 8. Grant liberty to apply. Catchwords: DEFAMATION - imputations - whether capable of arising - item available on the internet - particulars of publication - whether required. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: - Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 - Dow Jones & Co Inc v Gutnick [2002] HCA 56; 210 CLR 575 - Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300 - Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188 Category: Interlocutory applications Parties: Ian Michael MacDonald (Plaintiff) Australian Broadcasting Corporation (Defendant) Representation: Counsel: T.S. Hale SC, D.J.A. Mackay (Plaintiff) A.T.S. Dawson, R.L. Gall (Defendant) Solicitors: Bilbie Dan (Plaintiff) R.I. Simpson, Australian Broadcasting Corporation (Defendant) File Number(s): 2014/007150