Ryan v Random House Australia Pty Ltd [2015] NSWDC 31

District Court New South Wales

Medium Neutral Citation: Ryan v Random House Australia Pty Ltd [2015] NSWDC 31 Hearing dates: 24 March 2015 Date of orders: 24 March 2015 Decision date: 24 March 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputation 3(a), 3(f) and 3(o) will go to the jury. (2) Imputation 3(b) will go to the jury. (3) Note imputation 3(c) is withdrawn; strike out proposed imputation 3(c) with leave to replead. (4) Strike out from imputation 3(d) the words "the major organised crime figure of his day" but otherwise this imputation will go to the jury. (5) Note imputation 3(e) is withdrawn and grant leave to the plaintiff to replead this imputation as proposed, but deleting the words "the major organised crime figure of his day"; this amended imputation will go to the jury. (6) Noting the plaintiff withdraws the proposed repleading, imputation 3(g) will go to the jury. (7) Note in relation to imputation 3(h), the proposed second form of imputation 3(e), namely that "The plaintiff, Brian and Garry Boyd and Abe Saffron were involved in illegal casinos" does not differ in substance from imputation 3(h), and imputation 3(h) is the imputation the plaintiff selects to go to the jury. (8) Strike out imputation 3(i) with leave to replead so that this imputation will differ in substance from imputation 3(d). (9) Note that imputation 3(j) is withdrawn and grant the plaintiff leave to replead. (10) Imputation 3(k), subject to deleting the word "of", will go to the jury. (11) Imputation 3(l) is struck out with leave to replead imputations to the effect that the plaintiff was reasonably suspected by Justice Don Stewart, the Royal Commissioner who headed the Royal Commission into The Age tapes, of involvement in: (a) forging documents; (b) conspiracy; and (c) misleading officers of the Department of Immigration (each to be a separate imputation). (12) Imputation 3(m) is withdrawn and struck out on the basis of capacity. (13) Imputation 3(n) is withdrawn and struck out. (14) Grant leave to the plaintiff to plead imputation 3(p): "The plaintiff was knowingly involved in a corrupt Sydney network of lawyers, politicians, crime figures, judges and racing identities in which, for a price, anything could be bought"; this imputation will go to the jury. (15) Costs of this application to be the defendant's costs in the cause. (16) Plaintiff's Amended Statement of Claim by Friday 27 March 2015. (17) Defendant's objections by Thursday 9 April 2015. (18) Matter stood over for further directions or argument to Thursday 16 April 2015 at 2:00pm. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Defamation Act 2005 (NSW), s 26 Defamation Act 2013 (UK) Uniform Civil Procedure Rules 2005 (NSW), r 14.30 Cases Cited: Ainsworth v Burden [2000] NSWSC 105 Alex v Gridneff [2013] NSWSC 2025 Bateman v Fairfax Media (No 2) [2014] NSWSC 1380 C v L and Ors [2005] SASC 315 Christiansen v Fairfax Media Publications Pty Ltd [2012] NSWSC 1258 Cooke & Anor v MGN Limited [2014] EWHC 2381 Darbyshir v Daily Examiner Pty Ltd (Supreme Court of NSW, Levine J, 2 May 1997) Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; 250 CLR 303 Fairfax Media Publications v Alex [2014] NSWCA 273 FieldturfInc v Balsam Pacific Pty Ltd [2003] FCA 809 Forrest v Askew [2007] WASC 161 Greenfield v Fairfax Media Publications Pty Ltd [2014] NSWSC 1940 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 Hill v Westfield [2003] NSWSC 437 Holden Ltd and Ors v TTF Dandenong Pty Ltd and Ors [2004] VSC 175 King v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 1244 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 Singleton v Ffrench (1986) 5 NSWLR 425 Toben v Milne [2014] NSWCA 200 Wafawarova v Australian Broadcasting Corporation [2007] NSWSC 1212 Category: Procedural and other rulings Parties: Plaintiff: Morgan Ryan Defendant: Random House Australia Pty Ltd Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Mr R Potter