Freeburn v The Cake Decorators Association of NSW Inc. [2014] NSWDC 88

District Court New South Wales

Medium Neutral Citation: Freeburn v The Cake Decorators Association of NSW Inc. [2014] NSWDC 88 Hearing dates: 4 July 2014 Decision date: 04 July 2014 Before: Gibson DCJ Decision: (1) On the application of the defendant, with the plaintiff neither consenting nor opposing, the entire issue of "Pipeline" for December 2012 is struck in to the matter complained of. (2) The plaintiff's application to strike in Motion 4 from the August 2012 edition of "Pipeline" is dismissed. (3) Imputations (b) and (c) are struck out. (4) Grant leave to the plaintiff to replead imputation (d) as "That the plaintiff does not act fairly". (5) Grant leave to the plaintiff to replead imputation (e) to delete the words "and to the detriment of". (6) Imputation (f) is not pressed. (7) Imputations (h) and (i) are struck out with leave to replead. (8) Imputation (j) is struck out. (9) Plaintiff pay defendants' costs of this application. (10) Grant leave to the plaintiff to file an Amended Statement of Claim in 14 days. (11) Matter stood over to Friday 25 July 2014 in the Defamation List. (12) Pursuant to s 26 Civil Procedure Act 2005 (NSW), the parties are ordered to attend mediation before the Deputy Registrar of the District Court on Monday 21 July 2014. Catchwords: TORT - defamation - application to "strike in" publication made four months prior to the matter complained of - form and capacity of imputations Legislation Cited: Associations Incorporations Act 2009 (NSW) Civil Procedure Act 2005 (NSW), s 26 Limitation Act 1969 (NSW), s 14B Cases Cited: Ainsworth v Burden [2000] NSWSC 105 Australian Broadcasting Corporation v Obeid (2006) 66 NSWLR 605 Bennison v O'Neil [2012] NSWSC 36 Burrows v Knightley (1987) 10 NSWLR 651 Fierravanti-Wells v Nationwide News Pty Ltd [2010] NSWSC 648 Hanson-Young v Bauer Media Ltd [2013] NSWSC 1306 Heugh v Askin [2014] WASC 30 Hodge v TCN Channel Nine Pty Ltd [2006] NSWSC 933 John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Malcolm v Nationwide News Pty Ltd (2007) Aust Torts Reports 81-915 O'Shane v John Fairfax Publications Pty Ltd (2004) Aust Torts Reports 81-733 Renshaw v Reed Business Information Pty Ltd t/as Lawyers Weekly (2013) 16 DCLR (NSW) 38 Toben v Milne [2014] NSWCA 200 Waterhouse v Hickie (1995) Aust Torts Reports 81-347 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Kay Freeburn First Defendant: The Cake Decorators Association of NSW Inc. Second Defendant: Eileen Manning Third Defendant: Wendy Simpson Representation: Plaintiff: Mr G Dilworth First and Second Defendants: Ms A Rao Third Defendant: No appearance Plaintiff: MRM Lawyers Defendants: Walker Hedges & Co. File Number(s): 2013/352927 Publication restriction: None