Boikov v Dailymail.com Australia Pty Ltd [2015] NSWDC 192

District Court New South Wales

Medium Neutral Citation: Boikov v Dailymail.com Australia Pty Ltd [2015] NSWDC 192 Hearing dates: 28 August 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to UCPR r 14.30 imputation 3(b) struck out. (2) Pursuant to UCPR r 28.3 imputation 3(c) is capable of being conveyed and will go to the jury. (3) Imputation 3(d) is to be pleaded as a fall-back imputation to imputation 3(a). (4) Pursuant to UCPR r 14.30 the defendant's objections to the use of the words "Australian citizen" in the imputations is dismissed; pursuant to UCPR r 28.3 imputations containing this term are capable of arising. (5) All remaining imputations not challenged will go to the jury. (6) Each party pay his or its own costs. (7) Plaintiff's amended Statement of Claim filed and served in 7 days. (8) Plaintiff respond to defendant's request for further and better particulars in 7 days. (9) Proceedings relisted for directions on 10 September 2015 at 2 pm; note that the defendant may bring an application to strike out any continued claim for special damages in the statement of claim if the request for particulars of these is not answered. (10) Note the defendant has served a Notice of Intention to Elect Trial by Jury in these proceedings. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 14.30, 28.2 and 28.3 Cases Cited: Berezovsky v Forbes [2001] EWCA Civ 1251 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Jones v Skelton [1963] 3 All E R 952 Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Category: Procedural and other rulings Parties: Plaintiff: Simeon Boikov Defendant: Dailymail.com Australia Pty Ltd (ACN 166 912 465) Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms L Barnett