Sakr v Australian Broadcasting Corporation (No. 2) [2015] NSWDC 34

District Court New South Wales

Medium Neutral Citation: Sakr v Australian Broadcasting Corporation (No. 2) [2015] NSWDC 34 Hearing dates: 26 February 2015 Date of orders: 26 February 2015 Decision date: 26 February 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to rr 14.28 and 28.2 Uniform Civil Procedure Rules 2005 (NSW), strike out imputation 4(a) but grant leave to replead "the brutal Assad regime in Syria" in lieu of "a brutal regime in Syria". (2) Strike out the word "deliberately" from imputation 4(d). (3) Grant leave to the plaintiff to file a Third Amended Statement of Claim in 7 days incorporating these amendments and the amendments agreed to by the plaintiff as set out in the draft "Second Amended Statement of Claim" handed up in court today. (4) The plaintiff is to pay the defendant's costs. (5) Note – Plaintiff does not require reasons for this ruling, but Mr Lewis requires reasons for the word "willingly" in imputation 4(a), pursuant to rr 14.28 and 28.2 Uniform Civil Procedure Rules 2005 (NSW). (6) The defendant to file Defence in 28 days thereafter. (7) Matter stood over for further directions to Thursday 16 April 2015 at 9:30am. Catchwords: TORT – defamation – imputations – form and capacity – "willingly" Cases Cited: Charleston v News Group Newspapers Ltd [1995] 2 AC 65 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Griffith v Australian Broadcasting Corporation [2002] NSWSC 86 Hynde v Nationwide News Pty Ltd [2011] NSWSC 633 Jackson v TCN Channel 9 Pty Ltd [2002] NSWSC 1229 Jackson v TCN Channel 9 Pty Ltd [2001] NSWCA 108 Kenny v Australian Broadcasting Corporation [2014] NSWSC 190 Packer v John Fairfax Publications Pty Ltd [2006] NSWSC 940 Category: Procedural and other rulings Parties: Plaintiff: Reme Sakr Defendant: Australian Broadcasting Corporation (ABN 52 429 278 345) Representation: Counsel: Plaintiff: Mr T Molomby SC Defendant: Mr M Lewis