Carey v Nationwide News Pty Ltd (ACN 008 438 828) (No. 2) [2014] NSWDC 93

District Court New South Wales

Medium Neutral Citation: Carey v Nationwide News Pty Ltd (ACN 008 438 828) (No. 2) [2014] NSWDC 93 Hearing dates: 11 July 2014 Decision date: 11 July 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Proposed imputation "the plaintiff is racially inferior" struck out as embarrassing in form. (2) Plaintiff is to file a further statement of claim pleading all imputations asserted to be conveyed. (3) No further correspondence is to be sent to the court in these proceedings without correspondence being provided to the opposing party. (4) Plaintiff pay the defendants' costs of the argument. (5) Matter stood over to the Defamation List on Friday 25 July 2014 at 9:30am. Catchwords: TORT - defamation - form and capacity of imputations - imputation that "the plaintiff is racially inferior" struck out Legislation Cited: - Cases Cited: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6 Boyd v Mirror Newspapers Ltd [1980] 2 NSWLR 449 Carey v Nationwide News Pty Ltd (ACN 008 438 828) [2014] NSWDC 73 Stanizzo v Badarne & Ors [2014] NSWSC 689 Toben v Milne [2014] NSWCA 49 Zbyszko v New York American Inc (1930) 239 NYS 411 Texts Cited: Lawrence McNamara, "Reputation and Defamation", Oxford University Press, 2007 Category: Interlocutory applications Parties: Plaintiff: Otis Carey First Defendant: Nationwide News Pty Limited Second Defendant: Briana Domjen Representation: Plaintiff: Mr M Rollinson Defendants: Mrs L Barnett Plaintiff: Sanford Legal Defendants: Ashurst Australia File Number(s): 2014/94505 Publication restriction: None