NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Louise v Nationwide News Pty Ltd [2015] NSWDC 63 Hearing dates: 4 May 2015 Date of orders: 04 May 2015 Decision date: 04 May 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Application for the defence of offer of amends to be taken from the jury refused. Catchwords: TORT - defamation - jury trial - whether findings as to the defence of offer of amends should be made by the judge or the jury - Defamation Act 2005 (NSW) ss 18, 22 - offer of amends defence a matter for the jury to determine Legislation Cited: Civil Procedure Act 2005 (NSW) Defamation Act 1974 (NSW) Defamation Act 2005 (NSW), ss 15, 17, 18, 22, 26, 30 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Davis v Nationwide News Pty Ltd (2008) 71 NSWLR 606; [2008] NSWSC 699 Fairfax Media Publications Pty Ltd v Kermode (2011) 81 NSWLR 157 Hunt v Radio 2SM Pty Ltd (No 2) (2010) 10 DCLR (NSW) 240 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 Category: Procedural and other rulings Parties: Plaintiff: Rachelle Louise Defendant: Nationwide News Pty Ltd (ACN 008 438 828) Representation: Counsel: Plaintiff: Mr C A Evatt / Mr R Rasmussen Defendant: Dr M Collins QC / Mrs L Barnett
Solicitors: Plaintiff: David Leamey Solicitor & Barrister Defendant: Ashurst Australia Lawyers File Number(s): 2014/57598 Publication restriction: None
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