Cavric v Nationwide News Pty Ltd [2015] NSWDC 107

District Court New South Wales

Medium Neutral Citation: Cavric v Nationwide News Pty Ltd [2015] NSWDC 107 Hearing dates: 25 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputations 4(a) and 6(a) are capable of being conveyed and will go to the jury. (2) Imputations 4(b) and 6(b) are capable of being conveyed and will go to the jury. (3) Imputations 4(c) and 6(c) are capable of being conveyed as a fall back to imputations 4(b) and 6(b) respectively and will go to the jury in that form. (4) The plaintiff is granted leave to replead imputations 4(d) and 6(d) as follows: "The plaintiff attempted to deceive the New South Wales District Court by exaggerating her injuries in her claim for compensation". (5) Imputations 4(e) and 6(e) are struck out. (6) Costs to be the parties' costs in the cause. (7) The plaintiff is to file and serve an Amended Statement of Claim by 4:00pm Wednesday 1 July 2015. (8) Matter stood over for further directions to Thursday 2 July 2015 at 9:00am in the Defamation List. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Defamation Act 1974 (NSW), s 9 Uniform Civil Procedure Rules 2005 (NSW), rr 21.1 and 21.3 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Fairfax Media Publications Pty Ltd v King [2015] NSWCA 172 Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 John Fairfax Publications Pty Ltd v Blake; David Syme v Blake (2001) 53 NSWLR 541 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Toben v Milne [2014] NSWCA 200 Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Category: Procedural and other rulings Parties: Plaintiff: Despina Cavric Defendant: Nationwide News Pty Ltd Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Mr M Lewis