Ramandious v Habashy [2014] NSWDC 237

District Court New South Wales

Medium Neutral Citation: Ramandious v Habashy [2014] NSWDC 237 Hearing dates: 28 November 2014 Decision date: 28 November 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to the plaintiff to amend imputation 6(b) to replace "proposes" with "intends" and hold that an imputation to this effect is capable of being conveyed. (2) Imputation 6(c) is to be pleaded as a fall-back to imputation 6(a). (3) Imputations 6(d), 6(e) and 6(f) are struck out. (4) In relation to imputation 9(b), grant leave to the plaintiff to amend "plans" in place of "proposes" and hold that an imputation so pleaded is capable of being conveyed. (5) Imputation 9(c) is to be pleaded as a fall-back to imputation 9(a). (6) Imputations 9(d), 9(g) and 9(h) are struck out. (7) Imputation 9(e) is withdrawn. (8) Imputation 9(f) is struck out with leave to replead. (9) Plaintiff to file an Amended Statement of Claim in 14 days. (10) Matter stood over to Friday 19 December 2014 for further directions. (11) Plaintiff pay the defendants' costs. Catchwords: TORT - defamation - imputations - form and capacity Legislation Cited: - Cases Cited: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11 Bik v Australian Consolidated Press Ltd [1973] 2 NSWLR 473 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Feros v West Sydney Radio Pty Ltd (New South Wales Court of Appeal, Moffitt P, Reynolds and Samuels JJA, 22 June 1982) Kelly v Fairfax Media Publications [2012] NSWSC 690 Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950 Radio 2UE Sydney Pty Ltd v Chesteron [2009] HCA 16 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Father Georgious Ramandious First Defendant: Samir Habashy Second Defendant: Ezat Andrawes Representation: Plaintiff: Mr R Rasmussen Defendants: Mrs L Barnett Plaintiff: Sanford Legal Defendants: Bateman Battersby File Number(s): 2014/212581 Publication restriction: None