Dank v Nine Network Australia Pty Limited [2014] NSWSC 1938

Supreme Court New South Wales

Medium Neutral Citation: Dank v Nine Network Australia Pty Limited [2014] NSWSC 1938 Hearing dates: 11 December 2014 Date of orders: 11 December 2014 Decision date: 11 December 2014 Jurisdiction: Common Law Before: McCallum J Decision: The pleading as against the fourth defendant is struck out without liberty to re-plead. The claim as against the fourth defendant is dismissed. The plaintiff is to pay the fourth defendant's costs of the proceedings. Catchwords: DEFAMATION – publication – television news item including material previously published by a journalist in a newspaper article – where journalist not employed by the television station – plaintiff attempting to hold the journalist liable as a publisher of the whole of the television news item – principles stated in Webb v Bloch – whether particulars capable of establishing claim on those principles Cases Cited: Dank v Cronulla Sutherland District Rugby League Football Club [2014] NSWCA 288 Dank v Cronulla Sutherland District Rugby League Football Club (No 3) [2013] NSWSC 1850 Dank v Whittaker (No 1) [2013] NSWSC 1062 Webb v Bloch [1928] HCA 50; 41 CLR 331 Category: Procedural and other rulings Parties: Stephen Dank (Plaintiff) Nine Network Australia Pty Ltd (First Defendant) Peter Overton (Second Defendant) Sarah Harris (Third Defendant) Phil Rothfield (Fourth Defendant) Representation: Counsel: C Evatt (Plaintiff) T Blackburn (Defendants)